KULWANT RAI Vs. NAND LAL AND ORS.

JUDGEMENT

(1.) Order dated 22.9.2003 passed by the Executing Court for recovery of Rs.30,000/- from the petitioner-surety forms the genesis of this revision petition.

(2.) Eviction order was being enforced against the tenant by way of an execution application filed by the landlord where, interalia, petitionersurety was also a party. Vide the impugned order, the petitioner-surety was called upon to pay an amount of Rs.30,000/- in the Court to the decree-holder.

(3.) Claim of the petitioner-surety is that he having given surety during pendency of Civil Revision Petition is not liable to make any payment towards arrears of rent against the tenant because while deciding the revision petition on 20.1.2000, this Court had not made any observation with regard to undertaking of the petitioner/surety to pay back arrears of rent to the extent of Rs.30,000/-. It is thus claimed that any surety given by the petitioner herein for payment of arrears of rent by the tenant could enure only during pendency of the appeal and not thereafter.