VAS DEV Vs. RAMA RANI

JUDGEMENT

(1.) By way of this petition the petitioner has assailed order dated 18.3.2017 passed by the Court of learned Senior Civil Judge, Court No.(1), Amb, Distt. Una in Execution Petition titled Rama Rani Vs. Vas Dev.

(2.) There is a very short moot issue involved in this petition. Admittedly, the eviction petition filed by landlord before learned Rent Controller was decided on 21.3.2011. Vide order so passed by learned Rent Controller the present petitioner was held to be in arrears of rent which were calculated by learned Rent Controller to be an amount of Rs. 51,570.00 with interest (See Annexure-C appended with the judgment passed by learned Rent Controller). Eviction of the present petitioner was ordered on 21.3.20111 on the ground of arrears of rent with further direction that he shall not be evicted if he pays the amount of rent due towards the landlord within a period of 30 days from the date of the order. Petitioner deposited the said amount before learned Executing Court by way of FDR No.378110 drawn upon Canara Bank on 20.4.2011. Learned Executing Court vide order dated 18.3.2017 ordered issuance of warrant of possession against him to handover the vacant possession of the premises in issue to the decree-holder on the ground that the tenant had not paid arrears of rent within 30 days as ordered by learned Rent Controller vide order dated 21.3.2011.

(3.) Mr. Modgil learned counsel appearing for the petitioner has vehemently argued that there is perversity in the findings so returned by learned Executing Court, as the learned Executing Court has erred in not appreciating that 30 days were to be calculated by excluding the date of pronouncement of the order passed by learned Rent Controller whereas learned Executing Court has counted the said date also as inclusive of 30 days. On the other hand Mr. Jeevan learned counsel appearing for the landlord has defended the impugned order on the ground that 30 days meant 30 days from the date of order which obviously includes the date of order.