TUSHAR RAO GEDELA
Sunita Kumar – Appellant
Versus
Anju Sharma – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Mr. Deepak Grover, learned counsel appearing for the respondent submits that the respondent is willing to pay the arrears of rent @ Rs.12,500/- w.e.f. November 2020 to March 2023. Mr. Tarun Sharma, learned counsel for the petitioner submits that the petitioner would be agreeable to accepting such payment.
2. Accordingly, learned counsel for the parties jointly submit that the matter is listed before the learned Executing Court on 14.04.2023 where the formalities in respect of such payment would be made.
3. In view of the aforesaid, Mr. Grover, learned counsel for the respondent has no objection in case the impugned order is set aside.
4. In view of the aforesaid submissions, the impugned order dated 28.05.2022 is set aside and the respondent is directed to make the payment @ Rs.12,500/- on or before 14.04.2023 for arrears w.e.f. November 2020 through till March 2023, both months inclusive.
5. Mr. Sharma, learned counsel for the petitioner submits that in view of the aforesaid submissions of respondent, once the payment is made, Mr. Sharma would also withdraw the suit, subject to inst
Enforcement of payment agreement and withdrawal of suit based on mutual agreement.
The legal requirements for proving rent payment and depositing rent and interest under U.P. Act No. 13 of 1972 and Order XV Rule 5 C.P.C. must be strictly complied with by tenants in rent disputes.
Failure to comply with a court-ordered deposit schedule and repayment undertaking regarding rent arrears justifies the immediate vacation of an interim stay order granted in a revision proceeding.
Court confirms conditional order setting aside ex-parte decree upon payment of rent arrears, dismissing revision petitions.
The Court may allow a tenant to deposit overdue rent under satisfactory circumstances while granting a stay on eviction orders.
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