G.R.Majithia, J.

1. The stay application (Civil Misc. No. 4401-CII of 1988) in C.A. (C) No. 15 of 1988 came up for hearing before us today. With the consent of the parties we decided to dispose of the main appeal itself.

2. This appeal is directed against the order of the learned Single Judge dated May 31, 1986.

3. A brief resume of the important facts, is necessary in order to appreciate the points of law that arise in the appeal.

4. On August 21, 1987, the respondent made the following statement before the Rent Controller and its correct English translation is as under :

"Statement of Murari Lal Son of Kanwar Bhan, aged 47 years, Tailor Master, r/o Thanesar on oath and counsel Shri R.K. Sachdeva without oath.

I am ready to vacate the nearest shop for the time being. The respondent will reconstruct the shop within one month from the date of delivery of possession and will rent out to me on a monthly rent of Rs. 260/- in addition to house tax. The day I deliver the possession, the respondent will deposit Rs. 10, 000/- by way of security. The day, the respondent delivers possession of the shop, I will return Rs. 10,000/- on the same day. The arrears of rent after deducting t