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JAI PAL GUPTA versus KALICHARAN & OTHRS

High Court of Judicature at Allahabad

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Jai Pal Gupta v. Kalicharan & Othrs - CIVIL REVISION No. 247 of 2006 [2006] RD-AH 16476 (20 September 2006)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 24

Civil Revision No. 247 of 2006

Jaipal Gupta Vs. Kali Charan & others

******

Hon'ble Umeshwar Pandey, J.

Heard the petitioner in person.

This revision has been directed against the order dated 3.5.2006 whereby the petitioner's application before the court below for obtaining a direction to the defendants to deposit the entire amount claimed in the suit as arrears of rent and damages in compliance to the order of this Court dated 20.10.2005 has been rejected as vague and misconceived.

The plaintiff has filed the suit for eviction and recovery of arrears of rent and damages from the opposite-parties before the Small Causes Court. That suit was pending in which the defence which was filed by the defendants has been struck of by the aforesaid order dated 20.10.2005 of this Court and the matter has been remanded for afresh decision in the said suit. Immediately after the remand, the aforesaid application was moved by the plaintiff-revisionist for obtaining the direction from the court to recover the amount by directing the defendants to deposit the entire arrears of rent and damages. The court below appears to be wholly justified in rejecting this application by making this observation that the amount claimed in the suit as arrears of rent and damages shall be got deposited only in pursuance to a decree passed in the suit. Obviously, the recovery of such arrears of rent and damages is possible only after a decree with regard to the same is passed. In no otherwise manner such a recovery is possible from the defendants. Therefore, the court has observed that any amount of rent and damages shall be awardable in plaintiff's favour only at the time of final judgment when the decree is passed. This order is found to be wholly sound and legal. It does not require interference by this Court in its revisional jurisdiction under Section 25 of the Provincial Small Causes Courts Act.

The revision is devoid of any substance and is hereby dismissed.

It is, however, observed by the court below will take up this case and decide it by passing a judgment maximum within a period of one month from the date of receipt of a certified copy of this order.

20.9.2006

SUA/247-06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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