RAMESH CHANDRA Vs. OM PRAKASH AND ANR.

JUDGEMENT

(1.) THIS is the revision by the defendant judgment debtor filed under Section 25 of the Provincial Small Cause Courts Act, 1987 (for Short the Act) against the order dated 24.4.1991 passed by the IInd Additional District Judge, Jhansi rejecting the objection filed by the judgment debtor in execution proceedings under Section 47 of the Code of Civil Procedure, 1908, (for short the Code).

(2.) THE facts in brief are that a suit for ejectment and arrears of rent was filed by the decree holder plaintiff opposite parties against the judgment debtor, the defendant under the provisions of Section 15 of the Act and that suit was decreed by the judgment and decree dated 16.12.1986 that decree became final and was put in execution. An objection was filed by the defendant judgment debtor under Section 47 of the Code, stating that he has paid a sum of Rs. 10,000/ - outside court and agreement was executed that the rent of the shop may be enhanced to Rs. 250/ - from Rs. 50/ - and the amount of Rs. 10,000/ - may remain in deposit as advance as the decree holder required the amount in connection with the marriage of his sister. Consequently it was prayed that the execution proceedings may be struck off as the decree has been executed and satisfied. However the objection has been dismissed under the impugned order holding that the payment of Rs. 10,000/ - and the execution of agreement between the objector and the decree holder has not been proved nor the payment out of court was certified.

(3.) HAVING heard learned Counsel for the applicant I am of the view that the legislature has provided special procedure for payment of money due under a decree for recovery of certain amounts. The proper procedure for payment of a money decree is to deposit the money payable under the\decree in court. But special precautions have been taken to ensure that money is paid to the decree holder. In case it is paid to the decree holder by money order or otherwise by deposit in Bank etc. or as directed by the court. In case the amount is paid through money order, in that event particulars as specified under Sub -rule (3) of Rule 1 of Order 21 have to be specified by the judgment debtor, i.e. number of suit, names of petitioners, etc.