OM PARKASH Vs. MANJU RANI

JUDGEMENT

(1.) Eviction petition was filed against the tenant. When the appellate authority was deciding the appeal, a compromise was arrived at between the parties. Compromise was recorded by the appellate authority on 7th Feb., 2001. It was agreed between the parties that the rent will be Rs. 1800.00 per month and for the period from 3rd Sept., 1990 to 4th May, 2001, the amount comes to Rs. 2,30,400.00. In view of this compromise, appeal was disposed off by the appellate authority. Operative part of the judgment of appellate authority reads as under :

(2.) It is not disputed that amount of Rs. 2,30,400.00, which was due upto 4th May, 2001, has been paid. Counsel has further stated that thereafter, the amount of rent at the rate of Rs. 1800.00 per month for the months of May, June, July and Aug. has also been paid on 25th July, 2001, in the Court. Execution petition has been filed in Dec. saying that the rent for the months of May, June, July, Aug., Sept., Oct., Nov. and Dec. was not paid.

(3.) Stand of the tenant was that he has been ready and willing to pay the amount but as per the orders of the appellate authority and the compromise, landlady was not accepting the same and was not issuing the receipts. The order of the appellate authority that in case rent is not paid in time, the tenant shall be liable for eviction, per se run counter to the provisions of Haryana Urban Rent Restriction Act.