KU SALONI Vs. MOHAMMAD HANIF

JUDGEMENT

(1.) THIS is a revision filed under Section 115 of CPC by the judgment-debtor against an order dated 11-10-2001 passed by Civil Judge Class II, Khetia, in Execution Case No. 32-A/88.

(2.) THE short question that arises for consideration in this revisibn is whether learned Executing Judge was justified in holding that payment of Rs. 5612/- made by the judgment debtor by depositing it in Court amounts to compliance of the term in the decree within the meaning of Order 21 Rule 1 of CPC?

(3.) ON 28-11-2000 a compromise decree was passed by the Appellate Court at the instance of both parties to this Revision who were plaintiff and defendant in a suit out of which the said appeal arose. In terms of the compromise decree the judgment debtor ('petitioner' herein) was to pay a rent of 187 months (26-4-85 to 28-11-2000) to the respondent (decree holder) within three months, i. e. , on or before 28-2-2001 failing which the respondent would have become entitled to obtain possession of the suit property. It is not in dispute that judgment debtor (petitioner) deposited a sum of Rs. 5612/- in Court on 19-2-2001, i. e. , well within the period of three months, i. e. , much prior to 28-2-2001.