ANITA MEENA AND ORS. Vs. BEENA MUNDRA

JUDGEMENT

(1.) THIS writ petition has been filed seeking to challenge the order by which the Appellate Rent Tribunal has passed the conditional order of stay dt. 22.3.2014 requiring the petitioner -tenant to pay arrears of rent and continue to pay the monthly rent every month and the subsequent order dt. 28.5.2014 by which the application seeking review of that order has been rejected. Shri R.N. Vijay, learned counsel for the petitioner submitted that the Appellate Rent Tribunal ought not to have passed the aforesaid order because the landlord has agreed to sale the disputed premises to the petitioner by executing agreement to sale, which fact is disputed by Shri B.L. Agarwal, learned counsel appearing for the landlord. He submits that the agreement to sale is forged one.

(2.) ON this learned counsel for the petitioner submits that the petitioner has filed a suit for specific performance and unless the agreement is proved to be forged, the suit filed would be taken as bona fide and therefore pending disposal of the suit, the petitioner may not be required to pay the rent. He submits that he is prepared to make payment of arrears of rent by cheque, subject to protection being provided to him thereabout.