SALMAN Vs. JAI SINGH AND ANR

JUDGEMENT

(1.) This Court vide order dated 20.7.2004 stayed the dispossession of the tenant/Petitioner herein. Stay order dated 20.7.2004 was thereafter vacated by this Court vide order dated 31.10.2008. Thereafter, on the application of the tenant vide order dated 12.2.2009, stay vacation order dated 31.10.2008 was recalled and stay was directed to be in operation. Thereafter, Petitioner started appearing in person. This Court vide order dated 23.9.2009 directed the tenant/Petitioner to deposit entire arrears of rent by 30.11.2009, failing which the ad interim order shall stand vacated. Landlord/Respondent moved an application on 30.8.2010 with advance copy to the tenant/Petitioner by registered post requesting for vacation of stay of dispossession on the ground that tenant has not paid arrears in compliance of Court's order dated 23.9.2010. This Court on the application CM No. 22448-CII of 2010 directed notice to be issued to non-Applicant/Petitioner for 29.10.2010. Record reveals that notice was sent to the Petitioner/tenant on the address of tenanted property as given in the eviction petition as well as in the present petition. Tenant is reported not to be in occupation of the tenanted property (suit property). Process Server has reported that none is residing on the given address.

(2.) None is present for the Petitioner.

(3.) Petition is dismissed for non-prosecution.