G.P. GOEL Vs. AHMED THAYUB AND ANR.

JUDGEMENT

(1.) THIS civil revision petition is filed by the judgment debtor against the order dated 27 -11 -1989 allowing E.P. No. 8 of 1986 in O.S. No. 296 of 1982 on the file of the III Additional Subordinate Judge, Madurai.

(2.) THE decree is for past arrears of rent and future rent from 1 -7 -1982 till the date of possession at the ate of Rs. 1,240 per month. The possession has not been yet, since the decree is still the subject matter of Second Appeal No. 162 of 1986 on the file of this Court, which was filed by the petitioner after his failure in both the courts below, and since the petitioner had obtained stay regarding possession decree alone in the said Second Appeal. The E.P. is for executing the decree for future rents from 1 -7 -1982 the date of the suit till 31 -12 -1985, i.e., just prior to the filing of the execution petition.

(3.) THEN , she contended that the above said decree for future rents from the date of the suit, 1 -7 -1982, all the date of delivery of possession was a nullity on the ground that under Order 20, Rule 12, C.P.C. no decree for future rents after the institution of the suit could be straightway passed without relegating the said question to be decided in a separate proceeding and after holding an enquiry therefore under Order 20, Rule 12(1)(c), C.P.C. and that too for a period exceeding three years from the date of the decree, So, the learned Counsel contended that the decree cannot be executed.