LT. COL. SURJIT SINGH Vs. D.C. JAIN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated March 3, 1987, passed by the Appellate Authority while admitting the appeal filed by the tenant against the order of the ejectment passed against him.

(2.) THE Appellate Authority directed that the execution of the decree will remain stayed on the condition that the tenant deposits into the Court of the Rent Controller arrears of rent as per finding of the Rent Controller at the rate of Rs. 650/- per month and also the rent for the period upto March, 1987, for payment to the landlord. However, according to the impugned order, the amount so deposited by the tenant shall not be paid by the Rent Controller to the landlord during the pendency of the appeal and shall be paid to the landlord only in the event of the dismissal of the appeal.

(3.) AFTER hearing the learned counsel for the parties, I find force in the contention raised on behalf of the petitioner. The landlord-petitioner will be entitled to withdraw the amount deposited by the tenant in pursuance of the order of the Appellate Authority dated March 30, 1987, on furnishing security to the satisfaction of the Appellate Authority for refund, if any, in the event of the tenant's appeal succeeding before it.