Heard learned counsel for the applicant.
The revision is disposed of at the admission stage. The present revision arises out of execution proceedings in respect of decree for recovery of arrears of rent, damages and ejectment of the defendant-applicant who was tenant. The matter had come earlier to this Court in Revision No. 128 of 1989. This Court has dismissed the revision and confirmed the ejectment decree etc. by the judgment dated 14.2.2012 and has granted time upto July, 2012 to vacate the disputed property, subject to the following conditions:-
"1.The defendant- tenant shall deposit the entire arrears of rents and damages after adjusting the amount, if any, already deposited for the period up to 31st July, 2012 within a period of one month from today before trial court, at decreed rate.
2. Within the aforesaid period, the defendant-applicant shall file an undertaking on affidavit before the trial court that he will vacate the disputed accommodation on or before 31st July, 2012 and shall hand over its peaceful vacant possession to the plaintiff-landlord without creating any third party interest.
In case of default in compliance of any of the conditions stipulated above, the time granted shall stand vacated automatically."
The Executing Court has found that the condition no. 1 of the aforesaid judgment has not been complied with as the applicant was required to deposit a sum of Rs.1,24,908/- out of that, only a sum of Rs.81,200/- has been deposited. Challenging the said finding, the learned counsel for the applicant invited the attention of the Court towards para-11 of the affidavit, which is reproduced:-
"That the Executing Court has wrongly observed that the entire arrears of rent and damages due against the Revisionist is Rs.1,24,908/- and the Revisionist has only adjusted Rs.81,200/- and as such he is a defaulter and as per the Executing Court a sum of Rs.46,708/- is required to be deposited by the Revisionist. The Revisionist has already deposited an amount of Rs.26,950/- in the Court and the same was not adjusted."
He submits that the Executing Court has not given the adjustment of Rs.26,950/-. Even for the sake of argument, the said contention is accepted, even then, the applicant has failed to comply with the condition no. 1 of the judgment of this Court. Learned counsel for the applicant submits that he is ready to deposit the balance amount within a period of 15 days.
In this view of the matter, the revision is disposed of by providing that?
(1) The Executing Court shall examine as to whether the contention of the applicant that a sum of Rs.26,950/- has been deposited over and above the amount of Rs.81,200/- is correct or not. If it is found that contention is incorrect, the applicant shall not be entitled for any further indulgence and would be liable for ejectment forthwith.
(2) The applicant shall deposit the balance amount (out of Rs.46,708/-) after adjusting the amount of Rs.26,950/- within a period of fifteen days.
Subject to condition no. (1) as above, if the amount is so deposited, eviction of the applicant shall remain stayed till 31st July, 2012.
It is made clear that if ultimately, the Court finds that the contention of the applicant that the Executing Court has not given the adjustment of Rs.26,950/- is incorrect, it shall be open to the Executing Court to proceed with the execution of decree forthwith.
(Prakash Krishna,J) Order Date :- 1.5.2012 MK/