LAWS(P&H)-2021-10-174

SUNEET TAYA Vs. RAJNEESH CHAUHAN

Decided On October 27, 2021
Suneet Taya Appellant
V/S
Rajneesh Chauhan Respondents

JUDGEMENT

(1.) Through this order, Civil Revision No.4867 of 2019 and 1847 and 2163 of 2021 shall stand disposed of.

(2.) In Civil Revision No. 4867 of 2019, Mrs. Suneet Tayal is the petitioner-landlady. She had filed a petition seeking eviction of the respondent-Rajneesh Chauhan from the tenanted premises on the ground of non-payment of rent. The Rent Controller, vide judgment dtd. 4/4/2018, ordered eviction of the respondent-Rajneesh Chauhan. Sh. Rajneesh Chauhan filed an appeal against the order of eviction passed by the Rent Controller. During the pendency of the appeal, he was granted an interim stay subject to the condition that he shall deposit the arrears of rent w.e.f. February 2009 till 4/4/2018 and mesne profits as assessed w.e.f. 4/4/2018 within a period of two months from the date of order. The tenant was directed to pay mesne profits at the rate of Rs.25,000.00 per month. The respondent-Rajneesh Chauhan filed a Civil Revision No. 6311 of 2018 in the High Court assailing the aforesaid order. The High Court, vide an interim order dtd. 28/9/2018, directed Rajneesh Chauhan to regularly deposit a sum of Rs.20,000.00 per month. The tenant did not pay the aforesaid amount. He filed a Special Leave Petition before the Hon'ble Supreme Court which was disposed of vide an order dtd. 21/1/2019 by extending the period for deposit of the amount as per the High Court order. He has admittedly withdrawn the aforesaid Civil Revision No. 6311 of 2018.

(3.) Thus, there is no order granting an interim protection to the tenant. He has neither paid the rent as assessed by the Rent Controller nor deposited the mesne profits as directed by the Appellate Authority.