ZULFIQUAR HUSSAIN Vs. MADAN GOPAL CHOPRA

JUDGEMENT

(1.) THE landlord-applicant instituted S.C.C. Suit No. 35 of 2004 for recovery of arrears of rent, damages and ejectment of defendant-tenant from Shop No. 3 situate in House No. 33/127, Gaya Prasad Lane, Meston Road, Kanpur Nagar on the allegations that the defendant-tenant has failed to pay the rent in spite of service of notice determining the tenancy.

(2.) THE suit was decreed ex parte as the defendant-tenant failed to appear and contest the suit, for recovery of arrears of rent due from 16th September, 2003 to 15th October, 2003 at the rate of Rs. 1800/- per month and from 16th October, 2003 to 22nd April, 2004 at the rate of Rs. 200 per day as damages, total Rs. 38,000/- and for future damages at the rate of Rs. 200/- per day alongwith costs of the suit by the judgment and decree dated 22nd May, 2005.

(3.) A report with regard to amount due under decree was called for from the Munsarim by the Court. He reported that a sum of Rs. 1,73,510/- is due under the said decree, for the period upto 23rd January, 2006. Thereafter, on 25.9.2006, an application under Section 17(1) of the Act was filed with the prayer that the defendant-tenant may be permitted to furnish the security for the damages for the period 22nd May, 2005 to 31st January, 2006 at the rate of Rs. 200/- per day amounting to Rs. 53,400/-. Subsequently, another application dated 11th October, 2006 was filed for condonation of delay in filing the security or decretal amount on the allegations that the said security is being furnished to meet the objection of the landlord-applicant.