KAMLA Vs. L.RS. OF SMT. SHARDA

JUDGEMENT

(1.) THIS petition for writ was presented on 04.01.2013. The Registry pointed out two very minor defects, but those were not removed by counsel for the petitioner for a pretty long time. It is stated by learned counsel for the petitioners that the defect No. 1 regarding submission of typed copy of Annex. 2 has already been removed a few days back.

(2.) BE that as it may, defect No. 2 has yet not been removed. The defect No. 2 regarding mentioning of age of the petitioners in cause title has yet not been removed. However, looking to the narrow amplitude of the controversy involved in this petition for writ, I am inclined to hear the writ petition for the purpose of admission at this stage by waiving the defect No. 2.

(3.) IT is submitted by learned counsel for the petitioners that the condition imposed by the trial Court for granting an interim order is quite harsh. I do not find any merit in the arguments advanced. The petitioners are in possession of the rented premises from last more than two decades and a finding of default in payment of rent is recorded against them by the trial Court. The appellate Court looking to these circumstances rightly imposed the condition, which does not suffer from any material irregularity warranting interference of this Court while exercising powers under Art. 227 of the Constitution of India. The writ petition, therefore, is dismissed.