C.R. No. 6510 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6510 of 2011 Date of Decision: 21.10.2011 *** Krishan Lal .. Petitioner VS. Satish Chander Mehta & Anr. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. A.K. Sinha, Advocate for the petitioner. *** ARVIND KUMAR, J. The facts, which necessitated the petitioner-tenant to file the instant revision petition are that, vide order dated 23.10.2010 an ejectment order was passed against the tenant Krishan Lal. He preferred an appeal before the appellate Court below, which, vide order dated 23.12.2010 stayed his dispossession, but with the stipulation that the tenant shall pay the mesne profits @ Rs.2000/- per month w.e.f. 24.10.2010 till date within one month and shall continue to pay the same by 10th of every month. In case of any default, a liberty was given to the landlord to ask for the vacation of the stay order. It emerges out that the petitioner-tenant did not deposit the arrears and on 18.3.2011 an application was filed by the landlord seeking vacation of stay order dated 23.12.2010. The tenant was asked to file reply, but prior thereto on 7.4.2011 the appeal was dismissed for want of prosecution. However, the same was restored on 13.5.2011. On 19.9.2011 an application was filed by the tenant seeking grant of one opportunity for deposit of entire amount i.e. mesne profit and rent. The learned appellate Court below by dint of order dated 15.10.2011 allowed the application of the landlord for vacation of stay and dismissed the application filed by the petitioner for extension of time to deposit the arrears. The appellate Court below adjourned the hearing for final arguments. Dis-satisfied with the C.R. No. 6510 of 2011 2 same, the petitioner has preferred the instant revision petition. Heard. Though the plea about ignorance of stay order dated 23.12.2010 does not convince this Court, but the learned counsel for the petitioner, in all fairness, has stated that the petitioner is ready to pay the entire arrears of rent and mesne profit to the respondent landlord and in case the eviction order passed by the learned Rent Controller is not stayed during the pendency of the appeal, not only the very purpose of filing the appeal would be frustrated, but the petitioner will suffer an irreparable loss which cannot be compensated in any manner. In view of the fair stand taken by learned counsel for the petitioner, the instant revision petition is allowed and the impugned order is set aside while order dated 23.12.2010 is restored and the time to deposit the arrears is extended, subject to the condition that the petitioner will deposit the entire arrears of rent and mesne profit, till date, to the respondents on or before 29.10.2011 with the appellate Court below. The petitioner shall also pay costs of Rs.10,000/- to the respondents, for his defaults, failing which the instant revision petition shall be deemed to have been dismissed. Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party. If respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. The petition stands allowed accordingly. (ARVIND KUMAR) JUDGE October 21,2011 Jiten