ARUN MAITY Vs. GULAB CHOURASIYA

JUDGEMENT

(1.) The applicant has filed this revision being aggrieved by the rejection of his application for review by the Executing Court by order dated 8.10.2013 passed in M.J.C No.560/2013.

(2.) The brief facts, leading to the filing of the present revision, are that the respondent/decree holder filed a suit for eviction and recovery of arrears of rent against the applicant which was decreed by judgment and decree dated 10.9.2012. The applicant, being aggrieved, has filed a first appeal which was registered as F.A No.1017/2012 against the said judgment and decree which is pending before this Court. However, this Court has refused to stay the execution of the decree and has dismissed the interim application filed by the applicant.

(3.) The applicant had thereafter moved an application for review of the order passed by the Executing Court contending that the applicant had already deposited a sum of Rs.11,42,599/ - towards arrears of rent during the pendency of the suit itself and thereafter and, therefore, the aforesaid amount already paid by the applicant be reduced and deducted from the amount sought to be recovered from him and he be granted easy installment of Rs.25,000/ - per month to deposit the remaining decretal amount. The application filed by the applicant for review has been rejected by the impugned order dated 8.10.2013 on the ground that the applicant has failed to file documents in support of his submission to the effect that he had already deposited more than Rs.11 lacs and that there is no reason to grant the facility to repay the amount in installments.