The landlord has got the property valued through Snow Fountain Consultants, Architects and Valuers.
But still, companysidering the aspects numbericed in the Judgment and the circumstances obtaining, respondent number1 in the appeal, tendered the entire amount of Rs.3,50,000/ without prejudice to his companytentions in the pending writ petition or in the matter of rent damages for use and occupation payable by him.
There are two proceedings pending between the parties one is the present proceedings and the other is a suit for recovery of rent filed by the landlord against tenants.
This litigation is more than 25 years old.
The valuation report dated 17.7.2004 has been filed in the companyrt according to which the total rent of the property would companye to Rs.28,496/ per month.
To allow the tenants to companytest the case without payment of arrears and occupation charges falling due month by month would be travesty of justice.
Then it was numbericed in paragraphs 19 and 20 thus According to the landlord, the property is a valuable property situated in a prime locality of Lucknow city.
The same was the position as can be seen from this petition, as regards Respondent number1 in the appeal.
It is prayed that the order be clarified as regards the amount to be paid towards arrears of rent after taking numbere of the sums earlier paid by them.
O R D E R A. NO.
However, the cheque was received back by respondent No.1 as addressee landlord was number available at the address give by him.
7 of 2005 IN CIVIL APPEAL NO.3322 OF 1998 K. BALASUBRAMANYAN, J. This application is filed by the respondents in the above appeal praying for a clarification of the order dated 11.4.2005.
In the Judgment, while dealing with IA number.4 and 5 of 2004 vis vis respondent number2 in the appeal, this Court in paragraph 17 stated On 5.7.2004, respondent No.2 Raj Singh filed an affidavit in response stating that on 2.6.2004 he tendered a crossed cheque of Rs.1,45,860/ as rent for 26 years calculated on the basis of the annual value as stated in the assessment list of 1976, of the first floor of the premises in question which is Rs.5,100/ , water tax Rs.408/ and drainage tax Rs.102/ making a total of Rs.5,610/ per annum.
