ARUN KUMAR SRIVASTAVA Vs. VTH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) SRI Harish Dutt Upadhyay filed S.C.C. Suit No. 74 of 1980 against the tenant Sri Arun Kumar Srivastava for eviction and arrears of rent. Both the parties entered into a compromise on 7th March, 1981. The suit was accordingly decided in terms of compromise. In the compromise it was agreed between the parties that out of the total rent Rs. 50 per month of the disputed accommodation, the plaintiff was entitled to get 1/4th rent of his share, i.e. Rs. 12.50 per month from the defendant-tenant. The total arrears of rent as per compromise of plaintiff's share was agreed to be Rs. 162.50. It was further settled that the plaintiff would be entitled to get half of the total costs of the suit. At the time of compromise Rs. 162.50 was paid to the plaintiff by the defendant and remaining amount of Rs. 470 was to be paid till 7th April, 1981. It was also agreed that till 31st December, 1987, the defendant-tenant would vacate the disputed premises and handover its vacant possession to the plaintiff and till the possession of the disputed premises is handed over, the defendant will continue to pay Rs. 12.50 as rent towards the plaintiff's share in the property. The water charges and electric charges were also to be borne out by the defendant for the period of its use and occupation till actual vacation of the disputed premises is handed over to the plaintiff. On the basis of the aforesaid compromise plaintiff decree-holder Sri Harish Dutt Upadhyay moved an execution application 4-C-2 on 24th December, 1991, with the allegation that the tenant judgment-debtor has failed to vacate the premises till 31st December, 1987, as agreed in the aforesaid compromise.

(2.) IT was also alleged that the judgment-debtor was neither paying any rent after December, 1987, nor any water charges or electric charges. On the aforesaid grounds the decree-holder Sri Harish Dutt Upadhyay claimed possession of the portion of the house which was in the possession of the judgment-debtor. He also claimed Rs. 600 at the rate of Rs. 12.50 per month, Rs. 200 towards the water charges at the rate of Rs. 4 per month totalling to Rs. 800 be realised from the judgment-debtor.

(3.) AGGRIEVED thereby, the respondent decree-holder filed a revision. The Vth Additional District and Sessions Judge, vide order dated 20th May, 1995, allowed the revision of the decree-holder and set-aside the order of the Execution Court and rejected the objection filed by the judgment-debtor and remanded back the execution application for being executed the decree against the judgment-debtor, the petitioner. Aggrieved thereby, the judgment-debtor Sri Arun Kumar Srivastava has filed this petition.