ANIS AHMAD Vs. MOHD ZAFAR SADDIQ

JUDGEMENT

(1.) Heard Sri R.S. Verma, learned Counsel for the petitioner. The petitioner claims to be a tenant of the premises in question and is aggrieved by the order dated 10.2.2010 whereby the Trial Court has dismissed his objection under section 47 C.P.C. in Civil Misc. No. 42 of 2008 filed in execution proceedings. He is also aggrieved by the revisional order dated 4.11.2010 passed in Revision No. 25 of 2010 by the Additional District Judge, Court No. 2, Rampur, whereby the revision has been dismissed.

(2.) Learned Counsel for the petitioner has submitted that earlier a Small Causes Court Suit No. 9 of 2001 was decreed on the basis of compromise between the father of the petitioners and the landlords. Under the compromise the rent was increased from Rs. 190/- to Rs. 375/-. He states that under the compromise the earlier rent upto 28.2.2007 was paid. However, the landlord filed the Execution Application for executing his compromise decree on the ground that the petitioners have been in default for more than two months, hence they are liable to be evicted in terms of compromise.

(3.) Learned Counsel says that the objection under section 47 C.P.C. was wrongly rejected for the reason that the petitioner had sent the difference in the rent which they were to pay by cheque on two occasions but the landlord-tenant refused to accept the same and as such they cannot be held to be defaulter for more than two months and hence their objection could not be rejected.