GANGA PRASAD Vs. HANIF OPTICIANS

JUDGEMENT

(1.) S. U. Khan, J. Landlord-petitioner filed release application against the tenant-respondents under Section 21 of U. P. Act No. 13 of 1972 on the ground of bona fide need. The release application was allowed. Against the said order, tenant- respondents have filed Rent Appeal No. 7 of 2000 which is pending before Additional District Judge, Court No. 1, Kanpur Nagar.

(2.) ACCORDING to the landlord-petitioner disposal of the appeal is being delayed by the tenant-appellants through different devices. Limited stay order was granted by the Appellate Court, which expired, thereafter, it was revived and extended.

(3.) ACCORDINGLY, it is directed that in revisions under Section 25 Provincial Small Causes Court Act or appeals under Section 22 of U. P. Act No. 13 of 1972, District Judge or Additional District Judge while granting stay order shall impose condition of payment of reasonable amount which may be about 50% of the current rent i. e. rent on which building in dispute may be let out at the time of grant of stay order. In this regard no detailed inquiry need be made. Mere guess work based on common sense may do. The tenants enjoying the tenanted property on highly inadequate rent tend to prolong the disposal of the appeal or revision for continuing their possession without payment of proper rent/damages for use and occupation. If the stay against eviction is granted on the condition of monthly payment of reasonable amount, this practice can sufficiently be checked.