ASHOK KUMAR Vs. AMAN KUMAR

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure for setting aside the order dated 29.07.2013 (Annexure P/2) passed by learned Additional Civil Judge (Senior Division), Kurukshetra whereby direction has been issued to petitioner/landlord to assess the interest on the tendered rent and to submit the exact calculation in the Court so that respondent -lessee can tender the amount of interest due upon him. Brief facts relevant for disposal of the revision petition are that petitioner filed a suit for possession by way of ejectment against respondent. During the pendency of the suit, respondent -defendant filed an application before the learned trial Court that the interest be calculated and assessed so that he may tender the same in accordance with law. The said application was considered by the learned trial Court and direction was issued to the petitioner -plaintiff to calculate the interest and submit the calculations so that respondent -defendant can tender the interest on the rent. The petitioner is aggrieved against the same. Hence, this revision petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) ON the other hand, learned counsel for the respondent relied upon a judgment of Hon'ble Supreme Court in Bimal Chand Jain v. Gopal Agarwal : A.I.R. 1981 Supreme Court 1657 and judgment of this Court in Narinder Pal v. Surinderjit Singh and others : 2011(3) R.C.R. (Civil) 305 and contended that the respondent has already deposited the rent, only dispute is with regard to the interest. No calculation was submitted, rather application was moved by the respondent alleging that the petitioner should calculate the interest and he is ready, to deposit the same.