Case: LAXMI CHAUDHARY Vs. SAHIB SINGH CHAUDHARY

BANUMATHI, J.: 1. Leave granted. 2. This appeal arises out of an order dated 4 th December, 2018 passed by the High Court of Delhi at New Delhi in CM NO.50677 of 2018 in R.F.A. No.699 of 2018 in and by which the High Court has vacated the stay granted in favour of the appellant-tenant on the ground of non-compliance of the conditional order passed by the High Court. 3. The facts of the case in a nutshell are as follows. The respondent-plaintiff-landlord filed a suit for eviction and recovery of damages and mesne profit against the appellant- defendant-tenant in regard to the tenanted property comprising basement and the second floor in J-1/72 in Gupta Colony, New Delhi.. The Trial court by its judgment dated 21 st December, 2017 decreed the suit in favour of the respondent-landlord and ordered eviction. The Trial Court further awarded the damages payable to the respondent-landlord at the rate of Rs.20,000/- per month w.e.f. 17 th January, 2008 till the delivery of the possession of the property. The Trial Court also granted permanent injunction in favour of the respondent-plaintiff. 4. The appellant-defendant preferred appeal before the High Court. By order dated 27 th August, 2018, the High Court admitted the appeal and granted stay of the order of the Trial court subject to the appellant?s paying the damages for use and occupation at the rate of Rs.7,500/- per month from 17 th January, 2008 till 31 st December, 2017 and thereafter at the rate of Rs.15,000/- w.e.f. 1 st January, 2018, payable by 30 th day of each calendar month. The High Court also directed that in case of delay of payment, interest at the rate of 6% per annum is payable by the appellant to the respondent. The appellant could not comply with the condition as ordered by the High Court and, therefore, by the impugned Order dated 4 th December, 2018, the High Court has vacated the stay granted in favour of the appellant-defendant. Being aggrieved, the appellant-defendant has preferred this appeal. 5. By Order dated 18 th January, 2019, this Court has directed the appellant to pay the arrears of Rs.10,80,000/- and also to pay Rs.15,000/- from 1 st January, 2018. By Order dated 8 th February, 2019, the said order was modified directing the appellant to deposit amount of Rs.15,000/- before the High Court. In compliance of the order of this Court dated 18 th January, 2019, without prejudice to her contentions, the appellant has deposited Rs.10,80,000/- before the High Court. Likewise, the appellant-defendant has been depositing Rs.15,000/- as damages for use and occupation of premises viz., basement as well as the second floor and such deposit was without prejudice to her contentions in the eviction suit. 6. We have heard Mr. Rajan Kumar Chourasia, learned counsel appearing for the appellant-defendant-tenant and Mr. D.K. Sharma, learned counsel appearing for the respondent-plaintiff- landlord and also perused the impugned judgment and the materials on record. 7. Learned counsel for the respondent-landlord submitted that during the interregnum period the respondent-landlord has filed the execution petition and had taken possession of the basement on 5 th January, 2019, wherein the appellant was running a beauty parlour. 8. Admittedly, now the appellant is in possession of the residential premises, namely, the second floor.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]8. Admittedly, now the appellant is in possession of the residential premises, namely, the second floor.