High Court of Judicature at Allahabad
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Parigadit Jatiya Chhatravas & Another v. Distt. Judge (Incharge) & Others - WRIT - A No. 53522 of 2002  RD-AH 809 (12 January 2006)
Hon'ble S.U.Khan J
This is an application for recall of my order dated 15.4.2004, through which stay order was extended for a period of two weeks only and it was directed that no further extension would be granted unless affidavit stating therein rate of rent and position of payment of rent was filed by the petitioner. In Para 16 of the affidavit filed alongwith this restoration application, it is stated that rate of rent is Rs. 100/- per month.
Learned counsel for the petitioner states that since 1996 no rent has been paid. In Para 19 it has been stated that petitioner is ready to pay the entire rent. There is world of difference between the actual payment and mere readiness for payment. As no rent for about 10 years has been paid hence stay order may be revived only on payment of entire rent alongwith heavy damages. The court asked the learned counsel for the petitioner as to whether tenant was ready to pay the entire arrears of rent alongwith Rs. 25000/- extra to the landlord through a draft in court. Learned counsel for the petitioner stated that in this regard he wanted to consult his client.
Accordingly list with previous papers on 17.1.2006 as first case.
Recall Appl. No. 6378/06
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