AVTAR SINGH Vs. RAJWANTI

JUDGEMENT

(1.) THE main case in C.R. No. 951 of 2009 is posted to 20.07.2j009.The case is advanced suo motu and with consent of both parties, the main as well as the application are disposed of.

(2.) THE application CM. No. 7247 -CII of 2009 is for grant of stay of the proceedings and in the alternative for preponement of the date of hearing. Having regard to the fact that the case still has been directed to be preponed and the case is being decided, the application for stay is dismissed as unnecessary.

(3.) LEARNED Counsel for the petitioner while adverting to the reasoning points out that the period of six months must be understood as a time, which if invoked by the tenant would enable him to seek for adjustment against the future accruals of rent. The right to recover any payment in excess itself cannot be defeated merely by reference to Section 7, if such a right is otherwise within the time as available under the provisions of Limitation Act.