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2009 Supreme(P&H) 270

K.KANNAN
Surinder Parkash – Appellant
Versus
Joginder Singh Bedi – Respondent


Judgment

K.Kannan, J.

1. The tenant has suffered an order of ejectment dated 18.9.2004. He is reported to be running a business in the premises. The rent was found payable at Rs. 700/- per month and in respect of the order of ejectment, by virtue of operation of interim order of stay, the landlord has not been able to execute the order.

2. The landlord has sought for vacation of the order of stay and has also sought for determination of mesne profits payable by the tenant.

3. Having regard to the prospect of the case being delayed in its disposal by the pendency before this Court, to balance equities and taking judicial notice of the progressive increase of rents, I direct that the interim order of stay granted already shall stand confirmed till the disposal of the civil revision petition, on condition that the tenant pays at the rate of Rs. 2000/- per month from the date of the initial order of ejectment on 18.9.2004 till the date of filing of the petition by the landlord namely on 14.7.2008. Thereafter, the rent that shall become payable by the tenant shall be Rs. 3000/- per month till the disposal of the civil revision petition. Any payments already made by the tenant during the


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