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Mohd. Zahoor Khan v. Akil Arshad And Another - WRIT - A No. - 55819 of 2007 [2007] RD-AH 18081 (20 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Sunil Ambwani, J.

Shri Punit Kumar Gupta has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is granted three weeks to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit. List on 21.1.2008 for admission hearing.

Until further orders, petitioner's dis-possession from the premises in dispute in pursuance of the order dated 22.8.2006 passed by Judge, Small Causes Court, Banda in Suit No. 11 of 1994 and the order dated 6.8.2007 passed by Additional District Judge, Room No. 12, Banda in S.C.C. Revision No. 58 of 2006 , shall remain stayed, provided the petitioner deposits the entire decreetal amount with the Prescribed Authority within six weeks from today and continues to deposit the damages for uses and occupation in terms of the principles laid down by Hon'ble Supreme Court in Atma Ram Property's case @ Rs. 500/- per month with the Prescribed Authority w.e.f. 1.12.2007 by 7th of each succeeding month. Out of this amount, the respondent-landlord will be entitled to withdraw the amount @ Rs. 100/- only. The remaining amount shall remain in the deposit with the Prescribed Authority, to abide by the result of the writ petition.

Dt. 20.11.2007

RKP WP-55819-2007


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