Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT NO. 11
IN
R.A.E. SUIT NO. 314 OF 2023
[ CNR No.:- MHSCA3-000686-2023 ]
Miss. Pratiksha Hiralal Tepan … Plaintiff
Versus
1) Mr. Mahendra Navalchand Jain & Anr. … Defendants
Mr. Manoj R. Badsiwal, Ld. Advocate for the Plaintiff.
M/s. V. R. Tripathi & Associates, Ld. Advocate for the Defendant No.1.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No. 40,
Date : 05th October, 2024.
:: ORDER ::
This is an application filed by defendant No.1 for seeking
permission to deposit the rent of the suit premises @ Rs.2,500/- per
month from 01/08/2022 till the hearing and final disposal of the suit.
2. It is specifically averred in the application that rent of the
suit premises is Rs.2,500/- per month. Plaintiff is not receiving rent
from him deliberately with a view to make out a case against him. The
rent is now due and payable from August 2022. He is ready and willing
to pay the rent every month but the plaintiff is declining to receive the
same. Hence, prayed that he be allowed to deposit the rent of the suit
premises at Rs.2,500/- per month from 01/08/2022 till the hearing and
final disposal of the suit and rent as and when deposited be allowed to
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be withdrawn by the plaintiff on account and without prejudice to the
rights and contentions of both the parties.
3. The plaintiff filed reply on the same and contended that
application is false and the same has been taken out to put pressure
upon the landlord. In the present matter, no demand notice served upon
the tenant and no suit on the ground of arrears of rent filed by the
plaintiff. Hence, prayed that application is not maintainable and
deserves to be rejected.
4. Perused application and reply. By this application defendant
no.1 seeks permission to deposit arrears of rent. According to the
plaintiff, this is not the suit for eviction on the ground of arrears of rent.
It is settled principle of law that premises can not be enjoyed without
paying rent amount to the owner/landlord. Therefore, without
prejudice to the rights of the plaintiff, if permission to deposit arrears of
rent is granted to defendant, it will not cause any prejudice to the rights
of plaintiff. Hence, in the interest of justice, I proceed to pass following
order:-
:: O R D E R ::
1. Application at Exh.11 is allowed.
2. Without prejudice to the rights and contentions
of the plaintiff, the defendant No.1 is allowed
to deposit the arrears of rent in respect of suit
premises @ Rs.2,500/- per month from
01/08/2022 within two months before court.
3. The defendant is further directed to deposit the
future rents in respect of the suit premises @
Rs.2,500/- per month on or before 10th day of
each month till the final disposal of the suit.
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4. The plaintiff is at liberty to withdraw the
amount as and when deposited by the
defendant.
5. Cash and Finance Department to do the
needful.
6. Cost in cause.
( J. D. Hushangabade )
Date: 05/10/2024. Judge, C.R. No. 40
Order dictated & Typed on : 05/10/2024.
Order checked & signed on : 05/10/2024.
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