Disposes of an interim appeal on consent where the respondent agreed to pay monthly charges for use and occupation of suit premises pending trial, with interest on arrears if not paid by 31.12.2017.
Respondent ordered to pay Rs.40,000/month for use and occupation from March 2016, pending litigation, with interest on arrears if unpaid by 31.12.2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~15
ASHA JASUJA ..... Appellant Through: Mr. P. Kumar, Advocate.
versus
TIKAM CHAND JAISWAL ..... Respondent Through: Mr. K. Singhal, Advocate.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 02.11.2017
order, as counsel for the respondent has taken instructions from the respondent, that the respondent/defendant will pay to the appellant/plaintiff charges for use and occupation of the suit premises at Rs.40,000/- per month w.e.f March, 2016 and will continue to pay this amount of Rs.40,000/- per month to the appellant/plaintiff every month pendente lite. In case the amounts due for months of March, 2016 to May, 2016 are shown by the respondent/defendant to have been paid to the appellant/plaintiff through banking instruments which have been encashed, then, the respondent need not pay the amounts for the months of March, 2016 to May, 2016. Arrears FAO No.193/2017 page 1 of 2
in terms of the present order be paid by the respondent/defendant to the appellant/plaintiff by 31.12.2017 failing which the respondent/defendant will be liable to pay interest @ 15% per annum simple on the arrears to the appellant/plaintiff with the fact that as a consequence of the non-payment the defence of the respondent/defendant, in accordance with law, will be liable to be struck off.
order, leaving the parties to bear their own costs.
VALMIKI J. MEHTA, J
NOVEMBER 02, 2017 Ne
page 2 of 2
FAO No.193/2017
1 issue framed by the court
Whether the appellant is entitled to interim relief for payment of rent due for use and occupation of the suit premises.
ASHA JASUJA
TIKAM CHAND JAISWAL
VALMIKI J. MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
