R. N. HASSIJA (FARIDABAD) Vs. CHUNI LAL

JUDGEMENT

(1.) THIS petition is directed against the orders of the executing court dated 6th June, 1985, whereby the objections filed on behalf of the judgment debtor were dismissed.

(2.) EVICTION was ordered by this Court against the tenant petitioner R.N. Hassija. He approached the Supreme Court against the said order of ejectment where the following order was passed :-

(3.) AFTER hearing the learned counsel for the parties I do not find any merit in this petition. Even if it be assumed that the amount was being paid as compensation, as directed by the Supreme Court and not as rent, though in the money order-coupon the word rent' was mentioned, the judgment-debtor has failed to make the payment by the 10th of each succeeding month as per order of the Supreme Court. The judgment-debtor has committed default in the payment of the said amount for more than three months. On that account, the decree-holder has become entitled to execute the decree of eviction. The executing court has given a firm finding that as per own showing of the judgment-debtor, payment for August, 1984, was sought to be made on 29th October, 1983. Similarly for October, 1983, the payment was sought to be made on 6th January, 1984, through money orders. Similarly, the payment for November, 1983 to April, 1984, has not been made by the 10th of the subsequent month. The learned counsel for the petitioner was not able to challenge the said finding of the executing court and nothing was shown from the evidence that the said amount was paid within the time allowed by the Supreme Court. That being so, the decreed older was entitled to execute the eviction order passed in his favour earlier as per directions of the Supreme Court. Consequently, the petition fails and is dismissed with cost. The parties are directed to appear in the executing court on 18th November, 1985. The records of the case be sent back forthwith. Dispossession is stayed till 18.11.85 Petition dismissed.