RAKESH KUMAR GARG Vs. ASHOK KUMAR GARG

JUDGEMENT

(1.) The landlord has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 7.2.2005, passed by the Appellate Court staying the execution of the impugned judgment and decree of the trial Court during the pendency of the first appeal subject to the conditions that the respondent-tenant shall deposit Rs. 1,00,000/- in the name of the Appellate court in an F.D.R. with an undertaking that in the event of the petitioner being found entitled thereto, he will be entitled to encash the F.D.R. and further to deposit Rs. 7,320/- per month on 10th of every month in the Court from 10.3.2005 till the disposal of the appeal.

(2.) The petitioner is the landlord of S.C.O. No. 290, Motor Market and Commercial Complex, Mani Majra, Chandigarh. He filed a suit for ejectment as well as suit for recovery of the arrears of rent and future damages after terminating the tenancy on 13.2.2001, before the Civil Judge (Jr. Division), Chandigarh. In the suit, the petitioner claimed the arrears of rent as follows:

(3.) The trial Court decreed the suit while recording the following findings: