ACHAL MISHRA versus RAMA SHANKAR SINGH AND ORS.

Although payment of Rs.1,45,860/- was not specifically noticed in the judgment, it is proper to allow some concession by reducing the amount to be deposited from Rs.3,00,000/- to Rs.2,00,000/- as condition precedent to pursuing writ petition.

Parties: Appellant: Achal Mishra; Respondents: Rama Shankar Singh and Ors.
Jurisdiction: India
Judgment Date: 01 May 2006
Procedural Posture: Civil Appeal / Order on Clarification Application (i.a. No. 7 of 2005) in Civil Appeal No. 3322 of 1998
Outcome: Application disposed with modification of earlier judgment and observations.
Legal Topics: Arrears of Rent, Clarificatory Order, Condition Precedent, Writ Petition

Rent Control Property Law Arrears of Rent Clarificatory Order Condition Precedent Writ Petition

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4

Parties

Achal Mishra

Appellant

Rama Shankar Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Order on Clarification Application (i.a. No. 7 of 2005) in Civil Appeal No. 3322 of 1998

Legal Issues

1 Whether earlier payments of arrears by the tenant should be deducted from the amount directed to be deposited as a condition precedent for pursuing writ petition in High Court
2 Whether clarification/modification of Supreme Court's earlier order is warranted

Ratio Decidendi

Court Disposition

Application disposed with modification of earlier judgment and observations.

Orders

Amount payable by respondent no.2 reduced from Rs.3,00,000/- to Rs.2,00,000/- as condition precedent to pursuing writ petition in High Court.
Amount to be paid within one month; any payment after judgment to be credited; balance to be paid within time fixed.