KAPUR CHAND Vs. MUNSHI RAM AND ANR.

JUDGEMENT

(1.) THIS is an appeal against an appellate order passed by Mr. Manohar Lal Vij. Senior Subordinate Judge, Delhi, affirming an order of the Subordinate J. 1st Class, Delhi, who held that the tender of the decretal amount was not proved to have been made within the time allowed in the compromise decree and therefore allowed the execution to proceed.

(2.) THE facts of the case are that a compromise in a suit was entered into between Munshi Ram, the landlord, and Kapur Chand, the tenant, and the decree was that the suit for ejectment would be dismissed if, within seven days from 1 -4 -1950, the tenant would pay the arrears of rent (Rs.150/ -) to the landlord otherwise it shall stand decreed. On 5 -4 -1950, the J.D. made an Appellant for deposit of the decretal amount and the same day an order was passed by the Court that the money be deposited. It appears that on 6 -4 -1950, some Court official pointed out that the number of the case had not been given and wrote on the Appellant that the number be given. At any rate, no money was deposited on 6 -4 -1950, nor does it appear that any tender was made on that date. On 7 and 8 -4 -1950, the Courts. were closed. On 8 -4 -1950, the J.D. sent a money order which was rightly refused by the D.H. on 12 -4 -1950. On 25 -4 -1950, the J.D. then deposited the money into the Court

(3.) IN appeal before me Mr.Sarin the learned Counsel for the Appellant has submitted firstly that he had made a good tender on 5 -4 -1950, because he had made an Appellant to the Court on that day for the deposit of money. This has been negatived by the Senior Subordinate Judge on the ground that although an Appellant was made the money was never actually tendered or deposited. Mr.Sarin submits that the Appellant was not returned to him till about 3 O' clock on the 6th April and as 7th and 8th were holidays he could not make the deposit. There is no proof that this appln. was returned to him on the 6th at 3 p.m. or that there was anything done by the Ot. which prevented him from making the necessary deposit.