ZULFIKAR Vs. ALLAUDDIN

JUDGEMENT

(1.) In this petition under Section 115 of the Civil Procedure Code (hereinafter referred to as "the Code") the petitioner (judgment debtor) has been assailing the order passed by the Executing Court in Execution Case No.32 of 1994, whereby an application under Section 151 of the Code for recording the compromise as well as the application under Order XXI Rule 2 of the Code came to be dismissed.

(2.) It is suggested that the respondent (decree holder) filed petition under Section 14(1)(a) and (e) of the Delhi Rent Control Act (hereinafter referred to as "the Act"). The A.R.C. passed orders under Section 15(4) of the Act directing the tenant to deposit rent w.e.f. 1.4.1988 @ Rs.150.00 per month. The tenant failed to comply with the directions requiring deposit of rent, as aforestated and consequently, the defence was struck off. Vide judgment dated 1.12.1993, a decree in ejectment was granted in favour of the present respondent. As regards the relief under Section 14(1)(a) of the Act, the order passed under Section 15(4) of the Act was modified and the tenant was directed to pay or deposit the rent @ Rs.250.00 w.e.f. 1.10.1987. As this order was also not complied with, ultimately vide order dated 5.1.1994, decree for eviction under Section 14(1)(a) of the Act was passed. The decree holder, thereafter, filed execution petition for executing the decree in ejectment passed against the judgment debtor (present petitioner). In the execution proceedings, the judgment debtor prayed for recording of the compromise and recording the adjustment/satisfaction of the decree passed under Section 14(1)(e) and 14(1)(a) of the Act.

(3.) It may be recalled that decree was under Section 14(1)(e) and 14(1)(a) of the Act. The compromise, which is prayed to be recorded and the decree adjusted/satisfied, copy whereof is to be found at Annexure-A. It is suggested therefrom that the tenant agreed to pay rent @ Rs.250.00 per month including electricity charges at Rs.100.00 per month; that the landlord had received rent upto 30.9.1987; that arrears of rent come to Rs.18,750.00 , out of which the tenant deposited rent in the court to the tune of Rs.1450.00 and Rs.1350.00 and the balance payable remained Rs.15,000.00 out of which the tenant paid Rs.7,500.00 on the date of compromise and the balance of Rs.7,500.00 was promised to be paid either in lump-sum or in easy installments upto 30.6.1994 and that from 1.1.1994 onwards, rent of Rs.250.00 per month and electricity charges of Rs.100.00 per month were agreed to be paid by the tenant to the landlord. It is also provided that if the tenant comply with the above terms and conditions, the landlord would withdraw his eviction petition which was then pending in the court of Shri A.S.Yadav, Additional Rent Controller, Delhi. Thus, it will be seen that out of the arrears of rent of Rs.15,000.00 , Rs.7,500.00 were paid on 20.1.94 i.e. on the date of compromise and the remaining Rs.7500.00 were agreed to be paid on or before 30.6.1994 and on compliance with the terms and conditions embodied in the compromise, the landlord had agreed to withdraw the eviction case.