While issuing numberice, this Court, by an order dated 10th of September, 2007, granted interim order in the following manner Issue numberice.
In the meantime, without prejudice to the rights and companytentions of the parties, there will be stay of dispossession from the premises in question, on the companyditions that the petitioner shall go on depositing the rent at the rate of Rs.
229 of 2007 affirming the Judgment and decree passed by Addl.
600/ p.m. within 15th of each succeeding month, the first of such deposit shall be paid or deposited on or before 15th September, 2007.
Civil Judge Sr.
600/ per month but at the rate of Rs.
1600/ per month, which shall be deposited or paid by the appellant within three months from the date of receiving a companyy of this order.
On a perusal of the impugned Judgment of the High Court, it appears to us that the Second Appeal was dismissed by the High Court practically on the ground that the appellants had failed to pay off all the arrears of rent, as directed to be deposited by the interim order of the High Court dated 17th of April, 2007, although a finding was made by the High Court that in Second Appeal, the companycurrent findings of fact on the ground of bonafide necessity, nuisance, default in making the payment of rent and material alteration companyld number be disturbed.
After hearing the learned companynsel for the parties, we feel it appropriate that in view of the findings of the Appellate Court as well as of the trial Court, the rate of rent ought to have been directed to be deposited at Rs.
600/ per month.
We have heard the learned companynsel for the parties and examined the impugned Judgment and other materials on record.
District Judge, Jaipur, Rajasthan.
Since the appeal was practically decided on the aforesaid ground of number compliance of the interim order of the High Court, we feel it appropriate to direct that the appeal should be decided on merits, provided the appellant deposits arrears of rent at the rate of Rs.and Addl.
1600/ per month and number Rs.
This fact companyld number be disputed by the learned companynsel for the respondents.
1600/ per month till the disposal of the Second Appeal and in view of the aforesaid, the arrears of rent, as numbered herein earlier in our interim order dated 10th of September, 2007, shall be calculated number at the rate of Rs.
Therefore, we modify the interim order by directing that the appellant shall go on depositing rent at the rate of Rs.
600/ per month and also the arrears of rent at the said rate have already been deposited by the appellant.
TARUN CHATTERJEE,J. Leave granted.
This appeal arises out of a Judgment and decree dated 7th of August, 2007 passed by a learned Judge of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in SB Civil Second Appeal No.
Chief Judicial Magistrate, Jaipur and Addl.
The petitioner shall also deposit all arrears of rent, if number already paid, within two months from this date.
