STATE OF MADHYA PRADESH Vs. JAINAB ABBAS WARAWALA

JUDGEMENT

(1.) THIS petition is directed against the orders dated 18 March 2014 and 8 May 2014 urging the dismissal of respondent's Appeal No. 76 of 2012 on the ground of noncompliance by the respondent with the conditions imposed in the order dated 21 November 2012, inter alia, in the matter of deposit of arrears and reasonable compensation in the context of stay upon the execution of eviction decree in R.A.E. & R. Suit No. 37/107 of 1991.

(2.) THE petitioner is the landlord and the respondent is the tenant in respect of the suit premises. The Small Causes Court (Trial Court), by the judgment and decree dated 9 May 2012, directed the eviction of the respondent from the suit premises. On 8 August 2012, the respondent instituted Appeal No. 76 of 2012 before the Division Bench of the Small Causes Court (Appeal Court) and also applied for stay upon the execution of the decree dated 9 May 2012. The Appeal Court, by its order dated 21 November 2012 granted stay to the execution of the decree dated 9 May 2012 subject to certain conditions with regard to deposit of arrears as well as reasonable compensation in terms of law laid down by the Apex Court in case of Atma Ram Properties (Private) Limited Vs. Federal Motors Private Limited : 2005(1) SCC 705. The operative portion of the order dated 21 November 2012, by which the respondent's application at Exhibit -7, for stay upon execution of the decree dated 9 May 2012 was allowed, reads thus:

(3.) AS there was default on the part of the respondent in complying with the condition for deposit of compensation at the rate of Rs. 2,35,333/ - per month, the Appeal Court by order dated 16 January 2014, ordered the execution of decree of eviction dated 9 May 2012. On 14 February 2014, the respondent purported to question the warrant of possession before the Trial Court, without much success. Ultimately, on 28 February 2014, the possession of the suit premises came to be delivered by the respondent to the petitioner.