GURMIT SINGH Vs. RADHAKRISHAN

JUDGEMENT

(1.) THE Rent Controller ordered ejectment of the petitioner on the ground that he is in arrears of rent. There was a dispute between the parties with regard to the rate of rent as well as the period for which the rent was due. The Rent Controller found that the rate of rent was Rs. 850/- per month. The tenant was found to be in arrears of rent with effect from 14.12.1987 till the date of filing of the application. Petitioner has filed appeal which is pending before the Appellate Authority. During the pendency of the appeal, an application was made for staying dispossession. Appellate Court, vide impugned order, has directed the tenant to deposit rent @ Rs. 850/- per month as determined by the Rent Controller.

(2.) HAVING heard the learned counsel for the parties at length. I am of the view that the matter with regard of rate of rent and the period of which the tenant was found to be in arrears is pending consideration before the appellant Court in appeal. Appeal is already fixed for September, 1993. Interest of the landlord can be protected by giving a direction that tenant would pay the arrears of rent @ 300/- per month up to date and for the remaining he would furnish security to the satisfaction of the Rent Controller, Tenant shall pay the arrears within one month from today. Similarly, security shall also be furnished within one month. Of course, the landlord shall be entitled to withdraw the amount so deposited by the tenant.