SARITA JHUNJHUNWALA Vs. ANJAN TRIVEDI

JUDGEMENT

(1.) Heard the Learned Counsel for the parties. This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 31.5.2011 passed by the 2nd Munsif, Bhagalpur in Execution Case No. 6 of 2008 whereby the application filed by this petitioner under Order 21 Rule 97 of the Code of Civil Procedure has been dismissed.

(2.) It appears that the plaintiff-respondent who is landlord had filed Title Suit No. 16 of 1998 against the tenant, Anjana Trivedi. The suit was decreed and against the said decree, she filed Civil Revision No. 1769 of 2009 as the suit was only on the ground of personal necessity, the special procedure as provided under Section 14 of the B.B.C. Act was adopted.

(3.) Before this Court, undertaking was given by the tenant, Smt. Anjana Trivedi that she will vacate the suit premises by 7th January, 2011. From perusal of the order dated 26.4.2010 passed by this Court in Civil Revision No. 1769 of 2009, it appears that the arrear of rent amounting to Rs. 6,000/- from the month of March, 2008 upto March, 2010 was paid by the tenant to the landlord and the tenant was directed to pay rent till vacation. The relevant portion of the order passed by this Court is quoted hereinbelow:-