// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.8251/2005 Shree Gopal Sharma S/o Shri Atma Ram Sharma Versus Sh. Abdul Majid S/o Sh. Mohammad Hussein Date of Order ::: 22.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sudesh Bansal, Counsel for petitioner Shri Shree Gopal Sharma, petitioner, present-in-person Shri Ajit Singh Lunia, Counsel for respondent Shri Abdul Hamid S/o petitioner Sh. Abdul Majid, present-in- person #### By the Court:- Heard learned counsel for the parties. Plaintiff-petitioner filed a suit for eviction against the defendant-respondent in respect of disputed property, wherein an order under section 13 (3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, was passed determining the amount of monthly rent of the disputed property at the rate of Rs.1,000/- (Rupees one thousand) per month vide order dated 1st August, 2005. The said order was challenged by defendant-tenant and the appellate court, vide its order dated 14th September, 2005, set- aside the order of the trial court and directed the trial court to redetermine the amount of provisional rent at the rate of Rs.100/- per month. The order of the appellate court is under challenge in this writ petition filed on behalf of the plaintiff-landlord. During the course of arguments, the learned counsel for // 2 // both the parties, on the instructions of their respective parties, who are present in the court, agreed that the defendant-tenant shall deposit the monthly rent of the disputed property at the rate of Rs.100/- per month up-to 31st May, 2008 and from 1st June, 2008 onwards the defendant-tenant undertakes to deposit the monthly rent at the rate of Rs.700/- (Rupees seven hundred) per month by 15th day of each succeeding month, during the pendency of the suit. The defendant-tenant will deposit the entire arrears of rent, if any, within a period of one month from today. The amount of rent, which has already been deposited, will be adjusted. It is needless to mention that in case the defendant makes default in making the payment of aforesaid monthly rent during the pendency of the suit or the arrear, as directed above and agreed upon between the parties, then it will be open for the plaintiff to move an application for striking out the defence of the defendant. With the aforesaid consent arrived in between both the parties and the order passed, the writ petition stands disposed of. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.7116/2005 In S.B. Civil Writ Petition No.8251/2005 Shree Gopal Sharma S/o Shri Atma Ram Sharma Versus Sh. Abdul Majid S/o Sh. Mohammad Hussein Date of Order ::: 22.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sudesh Bansal, Counsel for petitioner Shri Shree Gopal Sharma, petitioner, present-in-person Shri Ajit Singh Lunia, Counsel for respondent Shri Abdul Hamid S/o petitioner Sh. Abdul Majid, present-in- person #### By the Court:- In view of the order passed in the writ petition itself, the stay application, filed therewith, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//