BASUDEO SAH Vs. SHANKAR THAKUR ALIAS SHANKAR SHARMA

JUDGEMENT

(1.) THIS is an order on I.As. No. 4114 of 2003 and 2314 of 2004.

(2.) BRIEF facts of the case are that -respondents had filed an eviction suit No. 1 of 1987 for eviction of appellant and. others from the suit land, for recovery of arrear of rent, for declaration of their title and recovery of possession of suit land. The Court below decreed the suit declaring the title of respondents over the suit land and directing the appellant to give vacant possession of suit land to respondents but it did not grant any relief in respect of arrear of rent to respondents holding that appellant was not tenant of respondents. Against that judgment, appellant has preferred this appeal.

(3.) I .A. No. 4114 of 2003 has been filed by appellant under Section 151 of the Code of Civil Procedure (In short "CPC") stating therein that in depositing a sum of Rs.150/ - in the Court below as per order dated 6.3.1995 (although in petition wrongly typed as 7.3.1995), appellant has to bear the burden of engaging his counsel and taking assistance of his clerk in depositing the aforesaid amount every month in Court below and although he is ready to deposit the monthly amount for more than one month in Court below in advance which will save him from the burden of engaging lawyer every month but court below is not accepting deposit by him in advance for more than one month on the ground that by order dated 6.3.1995, this Court has directed him to deposit a sum of Rs. 150/ - per month. Prayer has been made for depositing the aforesaid amount in advance for more than one month and Court below be directed to accept the same.