SHANTA DEVI VERMA Vs. DURGA RANI GHOSH

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of India is at the instance of a judgment debtor in a suit for eviction on the ground of default and is directed against order dated September 17, 1994 pasted by the learned Additional District Judge, 7th Court, Alipore in Civil Revision Case No. 112 of 1994 thereby affirming Order No. 67 dated March 4, 1994 passed by the Munsif, 2nd Court, Sealdah in Misc. Case No. 19 of 1994.

(2.) THE opposite party herein brought against the petitioner in the Ist Court of Munsif, Sealdah a suit being Title Suit No. 57 of 1976 on the ground of default in payment of rent. The said suit was subsequently transferred to the Additional Court of Munsif at Sealdah and was re-numbered as Title Suit No. 22 of 1981. On September 14, 1981 the said suit was decreed on compromise on the basis of petition for compromise filed by the parties and the same was made a part of decree. The terms of the compromise as embodied in the decree is quoted below :-

(3.) IN view of the aforesaid refusals, the petitioner started depositing the amount equivalent to rent from the month of October 1982 in the office of the Rent Controller, Calcutta and has been depositing the said amount month by month. So far the instalments towards arrears are concerned, instalment for the month of December 1982 covering the period of December 1982 to February 1983 having been refused, the petitioner deposited the same in Court vide Challan No. 21905(V) dated December 6, 1982. According to the petitioner, the learned Trial Judge having refused to accept subsequent instalment the petitioner went on sending those instalments to the opposite party by postal money orders hut the latter refused to accept those money orders on each occasion.