eviction notice dated 18th July, 2017 under Section 8(4) has been issued and the urgent orders are required otherwise the respondent will take the possession of the property i.e. Flat No. E-4, 4th Floor, Chandralaya Apartment, Lamb Road, Guwahati-781001 at any time within the time period of 10 days from the date of receipt of notice. The said prayer is also opposed by Mr. Nitesh Rana. The counsel for the appellant submits that the appellant gives an undertaking not to dispose of or alienate the said property in any manner directly or indirectly till the decision of the application for condonation of delay or final disposal of the appeal and the attachment order be continued. So we have to consider the said urgent prayer made by the counsel for the appellant. As for the attachment of property is concerned, the same shall continue and the appellant shall also not sell or create any interest in the said flat which is being used by the appellant and his family for residential purpose. It is averred by the appellant that the said flat was purchased by the appellant against the loan obtained which has also been mortgaged with the HDFC Bank. The appellant is paying EMI of Rs. 19000/- per month. The appellant even otherwise cannot dispose of said flat. As the appellant is prepared to deposit the use and occupation charges and till the application is disposed off for condonation of delay, we direct that the appellant shall deposit sum of Rs. 6,000/- per month from the date of confirmation order with the respondent within six weeks from today.
