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Smt. Shakuntalta Devi v. District Judge, Chandauli And Others - WRIT - A No. 6508 of 2007  RD-AH 2107 (8 February 2007)
Court no. 7
Civil Misc. Writ Petition No. 6508 of 2007
Smt. Shakuntala Devi versus District Judge, Chandauli
Hon'ble Rakesh Tiwari,J.
Heard counsel for the parties and perused the record.
The petitioner is defendant in Suit No. 141 of 2003, which has been filed for arrears of rent and eviction. The plaintiff was not present on 30.5.2005 and 13.9.2005, the date fixed in the suit. The case was thereafter fixed for 9.11.2005 and on that the defendant-petitioner could not be present as according to the petitioner younger brother of her husband died and she had no knowledge of the date fixed in the case.
It appears that the Court below on that date allowed the application of the plaintiff for not taking the written statement filed by the defendant on record. It also appears from the record that the written statement had been filed earlier with some delay, hence the aforesaid application was moved by the plaintiff. The Court below allowed the application vide order dated 9.11.2005.
The contention of the counsel for the petitioner is that if the written statement is not considered the petitioner defendant will suffer irreparable loss and injury and would be condemned without hearing. It further appears from the record that the Court below has ordered the case to proceed exparte by the same order dated 9.11.2005. The submission of the counsel for the petitioner is that the Court below may be directed to consider the written statement filed by the defendant and pass appropriate orders so that hearing may be done.
In the circumstances stated above, at this stage ground for interference is made out but this petition cannot be decided without hearing the respondents.
Issue notice to the respondents returnable at an early date.
Apart from normal mode of service by R.P.A.D. the counsel for the petitioner will take steps for personal service on the respondents within one week from today. The office will indicate in the notice that the counter affidavit is to be filed by respondents within six weeks. Rejoinder affidavit may be filed within two weeks thereafter. Affidavit of service shall be filed by the next date of listing.
The petitioner is tenant of the disputed shop situate in Mauja Mugalchak, Pargana Dhus, Tehsil Chandauli, district Chandauli on monthly rent of Rs. 600/-.
The counsel for the petitioner has offered to pay enhanced rent of the disputed shop what the petitioner is paying at present. He states that at present the petitioner is paying rent at the rate of Rs.600/- per month hence, the petitioner will pay rent at the rate of Rs.1200/- per month as offered by the counsel for the petitioner.
It is accordingly directed that the tenant shall pay a sum of Rs. 1200/- per month towards rent to the landlords till further orders which shall be payable to the landlords thereafter by 7th day of each succeeding month.
Till next date of listing the Court below will not pronounce the judgment in O.S. No. 141 of 2003 Mahesh Yadav and others Vs. Smt. Shakuntala Devi.
List on 12.4.2007. The counsel for the parties shall submit compliance report on that date.
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