AJJU DESHLAHRE Vs. RAVINDRA KUMAR NANDA

JUDGEMENT

(1.) The decree-holder/respondent herein instituted a suit against judgment debtor/defendant for recovery of possession and arrears of rent of Rs. 48,000/-, in which the trial Court by its judgment dated 3.7.2014 granted decree in favour of the respondent/decree-holder for delivery of possession and arrears of rent of Rs. 48,000/- within a period of 30 days.

(2.) In duly constituted execution levied by respondent/decree-holder, vacant possession of the suit accommodation was delivered on 29.9.2014 and Rs. 48,000/- was also paid by the petitioner/judgment debtor to the respondent/decree-holder.

(3.) The Executing Court by its order dated 30.3.2015 dismissed/closed the execution holding that decree has been satisfied. Thereafter, the respondent/decree-holder again filed an application under Order 20, Rule 10 /12 of the CPC before the Executing Court. That application was rejected. Against which, the respondent/decree-holder preferred writ petition being WP (227) No.892 of 2015 before this Court. That writ petition was withdrawn and liberty was granted to file a fresh application before the Executing Court. The respondent/decree-holder filed an application under Order 20, Rule 10 /12 of the CPC before the Executing Court and by the order impugned, that has been allowed holding that the respondent/decree-holder is entitled for arrears of rent from the date of institution of suit i.e. 10.4.2012 to the date of delivery of possession i.e. 29.9.2014 of Rs. 43,500/-.