WARYAM SINGH Vs. SHAM DASS

JUDGEMENT

(1.) WARYAM Singh was tenant of Sham Dass at the rental of Rs. 100/- per month. The landlord sought ejectment of the tenant on the ground of non-payment of rent since May, 1979. Since no tender was made before the Rent Controller on the first date of hearing and the tenant was found to be in arrears of rent, the order of eviction was passed on 16.5.1983. The tenant went up in appeal and before the Appellate Court, compromise took place. The landlord made the following statement on 10.6.1983.

(2.) THE tenant accepted the statement. In pursuance of the statement, the appeal was disposed of. In terms of the compromise, the tenant was to pay arrears of rent due up to 31.5.1983 at the rate of Rs. 100/- per month on or before 31.8. 1983 and in case he did not pay by the due date, it was to be deemed that the appeal filed by him before the Appellate Authority stood dismissed. The tenant did not pay the arrears of rent by the due date. Thereafter, the landlord took out execution which was opposed by the tenant. The Executing Court dismissed the objection petition of the tenant by order dated 7.11.1983. The tenant has come to his Court against the aforesaid order.

(3.) IF the landlord had not entered into a new contract or tenancy, but had merely allowed some time to the tenant to vacate the premises, then certainly the landlord would have been entitled to take out the execution on the expiry of the time because such an agreement would not have created a new tenancy.