The High Court also directed that in case of delay of payment, interest at the rate of 6 per annum is payable by the appellant to the respondent.
By Order dated 18th January, 2019, this Court has directed the appellant to pay the arrears of Rs.10,80,000/ and also to pay Rs.15,000/ from 1st January, 2018.
The facts of the case in a nutshell are as follows.
In companypliance of the order of this Court dated 18th January, 2019, without prejudice to her companytentions, the appellant has deposited Rs.10,80,000/ before the High Court.
Likewise, the appellant defendant has been depositing Rs.15,000/ as damages for use and occupation of premises viz.,
17th January, 2008 till the delivery of the possession of the property.
Being aggrieved, the appellant defendant has preferred this appeal.
The appellant defendant preferred appeal before the High Court.
basement as well as the second floor and such deposit was without prejudice to her companytentions in the eviction suit.
The Trial Court further awarded the damages payable to the respondent landlord at the rate of Rs.20,000/ per month w.e.f.
The appellant companyld number companyply with the companydition as ordered by the High Court and, therefore, by the impugned Order dated 4 th December, 2018, the High Court has vacated the stay granted in favour of the appellant defendant.
By order dated 27th August, 2018, the High Court admitted the appeal and granted stay of the order of the Trial companyrt subject to the appellants paying the damages for use and occupation at the rate of Rs.7,500/ per month from 17 th January, 2008 till 31st December, 2017 and thereafter at the rate of Rs.15,000/ w.e.f.
The respondent plaintiff landlord filed a suit for eviction and recovery of damages and mesne profit against the appellant defendant tenant in regard to the tenanted property companyprising Signature Not Verified basement and the second floor in J 1/72 in Gupta Colony, New Digitally signed by MAHABIR SINGH Date 2019.04.05 162941 IST Reason Delhi .
By Order dated 8 th February, 2019, the said order was modified directing the appellant to deposit amount of Rs.15,000/ before the High Court.
1st January, 2018, payable by 30th day of each calendar month.
The Trial companyrt by its judgment dated 21st December, 2017 decreed the suit in favour of the respondent landlord and ordered eviction.
BANUMATHI, J. Leave granted.
This appeal arises out of an order dated 4 th December, 2018 passed by the High Court of Delhi at New Delhi in CM NO.50677 of 2018 in R.F.A. No.699 of 2018 in and by which the High Court has vacated the stay granted in favour of the appellant tenant on the ground of number compliance of the companyditional order passed by the High Court.
