SURENDRA NATH Vs. INDRA DEVI DHAWAN

JUDGEMENT

(1.) A compromise order was passed by learned Additional Controller, Delhi on 21st December, 1973 which contemplated the appellant to deposit rent from 1st September, 1973 upto date in the bank account of the respondent with State Bank of India, Hauz Qazi, Delhi within one month from the date of that order, failing which it will result in eviction of the appellant.

(2.) The appellant, according to the respondent failed to comply with the order and consequently the respondent filed an execution application on or about 5/'6th February, 1974 which came up before the learned Rent Controller on 6th February, 1984, alleging inter alia that the appellant did not deposit the amount contemplated within one month from the date of the order.

(3.) The appellant on receipt of the notice of the execution application filed objections to the execution application and it was pleaded that the amount was deposited. It was also pleaded that the order of eviction was nullity in the circumstances of the case.