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SANJAY YADAV
Kailash Narayan – Appellant
Versus
Shyamlata – Respondent
1. IA No. 2865/2018, an application for directing the appellant to pay the due water bills is not pressed; therefore, it is dismissed as not pressed.
2. IA No.958/2018 and IA No.1602/2018 are taken up for consideration. Both these applications are by respondent/plaintiff.
3. Vide IA1602/2018, the respondent/plaintiff seeks vacating of stay order dated 25.4.2005 and for closing right of defence of the appellant for not depositing the rent. That IA No. 958/2018 though titled as for mesne profit at market rate; however, in substance it is an application for rent at current market rate during pendency of the appeal.
4. Appeal as evident is against the judgment and decree dated 23.8.2004 whereby on the grounds under section 12(1)(a), (c), (e) and (o) of the Madhya Pradesh Accommodation Control Act, 1961, the appellant is evicted from the suit premises. That by order dated 25.4.2005 the operation of impugned judgment and decree is stayed subject to depositing the entire arrears of rent and interest within one month and that the appellant shall continue to deposit the monthly on 15th day of each succeeding month with a further direction that noone will be entitled to withdraw the
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