RAJ KUMAR Vs. LEELA WATI

JUDGEMENT

(1.) This revision petition is directed against the orders passed by learned Rent Controller, (Senior Sub Judge), Una Distt. Una, dated November 28, 1998.

(2.) In order to appreciate, controversy facts may be noticed: Leela Wati decree -holder respondent herein filed an Eviction Petition under Section 14 of the H.P. Urban Rent Control Act, 1987 against the petitioner/judgment debtor Raj Kumar on the grounds of arrears of rent. The parties compromised and an order in terms of the compromise was passed, which reads as under: "16.9.1996 Present : Sh. Sunil Verma, Advocate, for the petitioner. Respondent with Sh. CM. Sharma, Advocate. Reconciliation is tried and effected and reduced into writing. According to the terms of the reconciliation, the respondent would pay the balance amount of Rs. 7,000 (including rent upto 31.8.1996) within a period of 7 months in 7 monthly instalments of Rs. 1,000 each. The first such instalment shall be payable by 7th of October and the subsequent instalments would be payable by 7th of every month. In default of payment of any instalment the respondent shall be liable to be ejected. The file after completion be consigned to record room. Sd/ - Rent Controller, Una."

(3.) A bare reading of the order of the learned Rent Controller shows that the arrears of rent were to be paid in seven monthly instalments of Rs. 1,000 each. The first instalment was payable by 7th October and similarly subsequent instalments were to be paid by 7th day of each month. In default of payment of any of the instalment, respondent was liable to be evicted.