One Shiv Shanker Jaiswal filed a SCC Suit No. 17 of 1999 after issuing a notice under Section 106 of the Transfer of Property Act for ejectment of the revisionist and arrear of rent. In the plaint it was averred that he was the exclusive owner of the property in dispute. During the pendency of the suit, Shiv Shanker Jaiswal died. His heirs have been substituted in his place. It appears that a compromise has been arrived between the heirs of Shiv Shanker Jaiswal and the revisionist. It also appears that a family settlement took place in which the property in dispute has been given to Krishna Murari Jaiswal and he became exclusive owner of the property in dispute. After the family settlement, the name of Krishna Murari Jaiswal along with his wife and sons have been substituted as plaintiffs and the name of the heirs of Shiv Shanker Jaiswal have been deleted. The suit proceeded accordingly. Vide order dated 25.2.2011 the suit has been decreed.
The contention of the revisionist is that as per the settlement the rent was Rs.100/- per month which has been duly paid and there was no outstanding dues. The suit has been decreed on the ground that the rent was Rs.800/- per month, which has not been deposited. The contention of the petitioner is that once under the agreement the rent was settled at Rs.100/- per month and the agreement was binding upon Krishna Murari Jaiswal and, therefore, the impugned order is bad in law.
The matter requires consideration.
Smt. Rama Goel Bansal, Advocate prays for and is granted three weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 11.7.2011.
Till the next date of listing, the operation of the order dated 25.2.2011 passed by the Additional District Judge / Special Judge, E.C. Act, Allahabad in SCC Suit no. 17 of 1999 shall remain stayed. Meanwhile, the revisionist is directed to pay all the outstanding dues towards rent and damages @ Rs.100/- per month.
Order Date :- 11.5.2011 OP