Present revision application has been filed by the petitioner, original plaintiff under Section 29(2) of the Bombay Rent Act for the prayers, intr-alia, the judgment and decree passed by the District Judge, Valsad in Regular Civil Appeal No.39 of 1992 may be quashed and set aside.
The facts of the case are that Regular Civil Suit No.27 of 1983 was filed by the plaintiff, landlord, for arrears of rent as well as for possession which was partly allowed vide judgment and order dated 27th March, 1992. Therefore, the respondent-tenant preferred an appeal being Regular Civil Appeal No.39 of 1992 before the District Court and the District Court allowed the appeal vide judgment and order dated 29th June, 1998 setting aside the judgment and order passed in Regular Civil Suit No.27 of 1983 passed by the trial Court, therefore, the present revision.
After arguing for sometime, both the learned advocates have stated that as suit is for arrears of rent, the appropriate order could be passed for depositing the amount.
Learned advocate, Ms.Banna Dutta, appearing for the applicant, original plaintiff on instructions from the plaintiff who is present in the Court has stated that if the respondent-tenant is put to terms of depositing the entire amount of the rent which is in arrears along with the the interest and also on undertaking for regular payment of rent in future, present revision application may not be pressed.
Learned advocate, Mr.Shakil Shaikh, appearing for the respondent-tenant has stated that his client would deposit the amount of rent which is in arrears i.e. Rs.13,240/- with interest @ 9% p.a. Out of this amount, 50% of the amount shall be deposited within one month from today i.e. on or before 31st May, 2011 and the remaining amount shall be deposited within two months thereafter, i.e. on or before 31st July, 2011 before this Court. The respondent-tenant shall also file an undertaking within a week for compliance with the aforesaid condition and also shall undertake to make the payment of rent regularly in future without any default. On this statement being made by learned advocate, Mr.Shakil Shaikh for the respondent-tenant, the present revision application stands disposed of as having not pressed.
In view of the aforesaid arrangement arrived at between the parties, present revision application stands disposed of accordingly. Rule discharged.
(RAJESH H.SHUKLA, J.) (ashish) Top