CR No.5760 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5760 of 2009 (O&M) Date Of Decision: 07.10.2009 **** Sham Lal . . . . Petitioner VS. Mathura Dass . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Harkesh Manuja, Advocate for the petitioner **** SURYA KANT J.(ORAL) The petitioner is a tenant against whom the eviction order dated 28.02.2009 has been passed by the Rent Controller, Barnala. The petitioner went in appeal and obtained the stay against dispossession, subject to the condition of depositing the entire arrears of rent within a period of three weeks from 20th March, 2009 i.e. the date of order passed by Appellate Authority, Barnala. The petitioner did not deposit the arrears of rent. Rather, he moved an application on 08.08.2009 for extension of period, on the ground that he could not deposit the arrears of rent “as there was dispute regarding rate of rent between the parties”. That application was dismissed by the Appellate Authority, Barnala on 24.09.2009. He moved, yet another application seeking permission to deposit the arrears of rent alleging that earlier he could not deposit “due to domestic and personal problems”. That application has also been dismissed by the Appellate Authority. Now before this Court, the petitioner has invented yet another ground. He claims that he had earlier engaged Shri R.S. CR No.5760 of 2009 - 2 - Sandhu, Advocate but “on account of certain communication gaps between the counsel and the petitioner, he was not able to understand the true and correct impact of the order dated 20.03.2009” and, thus, could deposit the arrears of rent. Be that as it may, the respondent-landlord is entitled to be paid the arrears of rent irrespective of the outcome of the pending appeal. Instead of subjecting the respondent-landlord to further harassment at the hands of the petitioner-tenant, I deem it appropriate to dispose of this revision petition with a direction that in case the petitioner deposits the entire arrears of rent along with interest @ 9% per annum besides cost of Rs.2000/- with the Rent Controller, Barnala or pay the same by way of demand draft into the respondent-landlord, his dispossession shall remain stayed till the appeal is decided by the Appellate Authority, Barnala. The arrears of rent shall be paid by the petitioner-tenant and received by the respondent-landlord without prejudice to their legal rights and deposit/payment of arrears of rent at this stage shall not absolve the petitioner from the legal consequences nor it shall amount to condonation of the default, if any committed by the petitioner. In other words, the deposit of arrears of rent by the petitioner would be for the limited purpose of staying his eviction pending appeal, which shall be decided on merits. Disposed of. Dasti. (SURYA KANT) JUDGE 07.10.2009 shonkar