GYARSI LAL Vs. RAJESH KUNWARI

JUDGEMENT

(1.) BEING aggrieved by the order dated 17-4-2006 passed by Civil Judge Class i, Neemuch in Civil Execution Case No. 10-A/92-97, whereby the objections filed by the petitioner were dismissed, the present revision petition has been filed.

(2.) SHORT facts of the case are that a suit for eviction was filed by the respondent against the petitioner on the basis of arrears of rent, in which it was alleged that petitioner is tenant in the suit accommodation @ Rs. 300/- per month and is in arrears of rent w. e. f. 14-8-1989. The suit was contested by the petitioner. During pendency of the suit, the compromise took place between the parties on 21-2-1997 whereby the petitioner agreed to vacate the suit accommodation on or before 20-8-1997. It was also agreed that the respondent relinquishes the claim of arrears of rent and if the petitioner commits default in vacating the accommodation on or before 20-8-1997, then the petitioner will be liable to pay the arrears of rent w. e. f. 14-8-1989 to 20-8-1997 @ Rs. 300/- per month and the petitioner will be further liable to pay the mesne profits @ rs. 2000/- per month from 21-8-1997 till the date of handling over of the possession. On the basis of aforesaid compromises, a decree was passed in favour of respondent. Since the accommodation was not vacated on or before 20-8-1997, therefore, execution petition was field by the respondent for realization of Rs. 38,460/- on the basis that the petitioner has vacated the suit accommodation on 9-12-1997 and not on 20-8-1997 as agreed between the parties. The objections were filed by the petitioner under Section 47, CPC read with Sections 73 and 74 of the Indian Contract Act alleging that the term of payment of mesne profits was in terrorem hence the respondent is not entitled for the alleged decreetal amount.

(3.) AFTER hearing the parties, learned Trial Court vide order dated 17-4-2006 dismissed the objections filed by the petitioner holding that the clause for payment of mesne profits and arrears of rent is not a penal clause and the respondent is entitled to get the decree executed as per the compromise decree, hence this revision.