Court No. - 9 Case :- RENT CONTROL No. - 94 of 2010 Petitioner :- Kamlesh Kumar And Another Respondent :- Incharge District Judge Lucknow And Another Petitioner Counsel :- Umesh Kumar Srivastava Respondent Counsel :- C.S.C Hon'ble Yogesh Chandra Gupta,J.
Issue notice to respondent No. 2.
Put up on 10.8.2010 for admission and disposal.
It is contended by learned counsel for the petitioners that the contractual rent
of shop in dispute is Rs. 85/- per month. It is further contended that while
granting the stay of execution of the impugned order passed by the Prescribed
Authority, the revisional Court has directed the petitioners to pay Rs. 8,500/-
per month as rent to the respondent during the pendency of revision without
any reason and rhyme. The learned counsel further submits that the Court has
jurisdiction to impose the conditions while passing the stay order but in the
facts and circumstances of the present case, the rent so fixed is quite excessive
and beyond financial capacity of the petitioners.
Considering the submissions of learned counsel for the petitioners without
touching the merits of the case, it is provided that the payment of 50% of rent
as directed by the revisional Court by its order dated 2.7.2010 shall remain
stayed till the date fixed.
The matter shall not be treated as tied up or part-heard to this Bench.
Order Date :- 21.7.2010
Zh