ANIL KUMAR SRIVASTAVA Vs. RENU GUPTA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner as well as Sri P.K. Gupta learned Counsel for the landlord respondent who has appeared through caveat. Release application under Sec. 21 of U.P. Act No. 13 of 1972 filed by landlord against the tenant petitioner was allowed by Prescribed Authority. Against the said order tenant respondent has filed R. C. Appeal No. 21 of 2006. In the said appeal unconditional stay order was granted hence tenant started adopting delaying tacticts. Ultimately by impugned order dated 6.8.2008 A.D.J./Special Judge (E.C. Act), Farrukhabad, rejected the stay application. The said order has been challenged through this writ petition.

(2.) Property in dispute is a shop.

(3.) By imposing reasonable condition alongwith stay order tendency of the tenant to delay the proceedings of the appeal/revision may be curbed. Supreme Court also in Atma Ram Properties Vs. Federal Motors, 2005 (1) SCC 705 : 2005 (2) ARC 986 , has held that while granting stay to the tenant reasonable condition must be imposed.