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2005 Supreme(Jhk) 179

N.N.TIWARI
JAMUNA DAS SARDA – Appellant
Versus
RITA LAL – Respondent


Advocates Appeared:
A.K.MEHTA, S.L.AGRAWAL

Judgment :

( 1 ) IN this application the petitioner-appellant has prayed for modification of the order dated 8-7-2004. By the said order this Court while staying the execution of the impugned decree had directed the appellant to pay the decretal arrear amount of Rs. 2,77,405/- in six monthly instalments and the current rent of each month at the rate of Rs. 10,000/ -. It has been stated in this application that already four instalments have been paid to the respondents which come to Rs. 1,55,000/ -. He has also paid the arrears of Rs. 1,10,000/- in addition to the current rent which has been also paid at the rate of Rs. 10,000/- per month to the respondents. Thereby, only rs. 92,405/- remained to be paid towards the decretal amount. It has been stated that the petitioner is an old man aged about 85 years and his only source of income is the shop running in the premises and in all he has paid about Rs. 3,65,000/- by now from july 2004 within a short span of time and he has been also paying the current rent at the rate of Rs. 10,000/- per month. But due to the said payments in a short period he has been put to financial crisis. The petitioner has stated that he intends to pay the bala





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