CIVIL MISC. DELAY CONDONATION APPLICATION NO. 80430 OF 2012.
Heard learned counsel for the parties.
Cause shown is sufficient. The application is allowed. The delay in filing the appeal is condoned. Order Date :- 21.3.2012 OP Court No. - 30 Case :- SECOND APPEAL DEFECTIVE No. - 64 of 2012 Petitioner :- Som Prakash Sharma Respondent :- Zila Panchayat Petitioner Counsel :- Ajit Ray Hon'ble Rajes Kumar,J.
The appellant was plaintiff in the suit. The suit was filed for permanent injunction restraining the respondent not to dispossess the appellant from the premises in dispute except in accordance to law. The said suit has been decreed by the trial court against which the respondent filed appeal and by the impugned order dated 19.10.2011 the appeal has been allowed and the order of the trial court has been set aside. The appellate authority has held that the plaintiff has not deposited the rent in time and, therefore, the recovery proceeding has been initiated and accordingly the plaintiff is not entitled to retain the shop in dispute. Learned counsel for the appellant submitted that the appellant is ready to deposit the entire outstanding dues within a period of one month. Sri V.K. Dixit, learned counsel for the respondents states that as per the Government Order no. 56336/33-3-185G/97 dated 27.12.1997 the rent is being enhanced after three years and now the rent at present is Rs.1710/- per month. Sri V.K. Dixit, learned counsel for the respondent may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List thereafter.
Meanwhile, as an interim measure, it is provided that the appellant may not be dispossessed from the premises in dispute except in accordance to law in case if the appellant deposits the entire arrear of rent within a period of one month, as stated above, and continues to deposit the future rent. Order Date :- 21.3.2012 OP