6 . At the hearing, learned counsel for the defendant would submit that the condition imposed is unfair and onerous, more particularly, in the light of the fact that there is no proof that the monthly rent is Rs.18,281/ - and the further fact that an ex parte decree was not even granted for the arrears of rent as well as the property tax and that while dismissing the suit in that regard, a decree for eviction was only granted. He further submits that according to the defendant, a sum of Rs.7,800/ - is payable every month from December, 2015, as already stated in the written statement filed by the defendant, and that as per the calculation of the defendant, the arrears is Rs.1,48,200/ - from December, 2015, upto the end of July, 2017, and that the said amount was already deposited to the credit of the suit, on 01.08.2017, to show the bona fides of the defendant. In view of the submissions made and the said deposit made by the defendant, he prays that the condition imposed may be set at naught and the trial Court may be directed to dispose of I.A.No.4 of 2016 on its merit. According to his further submissions, the eviction decree is being put to execution and that the reliefs of breaking open of the locks and police aid are being sought for by the plaintiff herein.
