M/S Tsv Suto Components India Pvt. Ltd. Vs Sushma Dudeja

The petitioner has invoked the supervisory jurisdiction of this Court for setting aside the order dated 7.9.2010, passed by the learned District Judge, Faridabad, vide which the prayer for stay of execution, was allowed to the petitioner, subject to payment of admitted rent.

¶15

The petitioner by way of ex parte decree was ordered to be evicted from the premises in dispute.

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In appeal an application was moved by the petitioner for stay of the execution.

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The owner claimed that a sum of 15,33,000/- (Rupees fifteen lac and thirty three thousand only) was due from the petitioner. The learned counsel for the petitioner (herein) stated at bar, that amount of 10,37,590/- (Rupees ten lac thirty seven thousand five hundred and ninety only) was due from the petitioner.

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It was in view of the admission made by the learned counsel for the petitioner-tenant that the learned appellate Court granted stay

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Civil Revision No.6057 of 2010 (O&M)

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-2-

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subject to deposit of amount of rent due.

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Learned counsel for the petitioner challenged the impugned order on the ground, that the petitioner is not able to pay the whole amount in one go, therefore, instalments should be fixed.

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Prayer of the learned counsel for the petitioner cannot be accepted, as there is no equity in favour of the petitioner to continue in possession of the property without payment of rent to the owner/landlord of the premises.

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No merit.

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Dismissed.

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(Vinod K. Sharma) Judge

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September 20, 2010 R.S.

M/S Tsv Suto Components India Pvt. Ltd. v. Sushma Dudeja

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M/S Tsv Suto Components India Pvt. Ltd. v. Sushma Dudeja

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