LAXMAYYA Vs. HARICHANDRA

JUDGEMENT

(1.) This petition by the landlord decree-holder, is directed against an ordar made by the Dist. Judge at Gulbarga in HRC Appeal 21/1973, whereby he reversed the order made by the Prl. Munsiff-Magistrate at Gulbarga in Ex.Petn.140/1972 and dismissed the application for execution. The execution was pursuant to a decree of eviction made by the Prl. Munsiff in an HRC proceeding based on the ground of default in payment of rentsR. 47 falling within cl. (a) of the proviso to S.21(1) of the Bent Control Act. The order made in the latter proceedings reads thus : The opponent (the present appellant-tenant) shall deposit or pay to the petitioner (present respondent) a sum of Rs.154-08P, being arrears of rent legally recoverable till the end of Octar. 1972 within one month from the date of this order, failing this the landord shall be put in possession of the suit house.

(2.) The above order came to be made on 30-9-1972, the last day of the calendar month. The tenant however for one reason or other, deposited this amount apparently in compliance with the direction contained in the aforesaid order, on 31-10-1972. The landlord-revision petitioner sued out execution on the ground that such payment was clearly beyond the time allowed by the said order.

(3.) The learned Munsiff accepted the contention of the landlord and allowed the execution to proceed. Aggrieved by the said order, the tenant (respondent herein) preferred an appeal to the learned Dist. Judge with the aforementioned result. Hence this petition.