GWALDAS SHIVKISANJI LAKHOTIA Vs. BAPURAO ARJUNJI BANDABUCHE

JUDGEMENT

(1.) This revision is preferred by the plaintiff, whose application for execution of order passed under Order 15-A, R. 1 of Code of Civil Procedure was rejected.

(2.) The plaintiff had instituted a suit for ejectment and possession along with arrears of rent. While suit was pending, the plaintiff applied under Order 15-A Rule 1 of Code of civil Procedure for a direction to defendant/ tenant to deposit the arrears of rent and to continue to deposit Rs. 156/- per month. This order was passed on 27-09-1988. A writ petition filed by the defendant against the order granting permission to the plaintiff to terminate the tenancy was allowed and the order of appellate court was set aside. As a result of this, the suit came to be dismissed as infructuous. Later, plaintiff filed Darkasth no. 16/98 and sought to recover Rs. 18,490/-as arrears of rent on the basis of the order on application under Order 15-A, Rule 1 of Code of Civil Procedure. The said application for execution is rejected, hence this revision.

(3.) This revision itself is not maintenable. Application for execution came to be rejected. The proceedings before the lower court have, therefore, in fact come to an end. Now, had the order been passed in favour of the plaintiff, the proceeding would not have terminated but required to be prosecuted further. The law on this point is now well settled. I hold that this revision is not maintenable.