RAJA SAHIB OF POONCH Vs. KIRPA RAM

JUDGEMENT

(1.) THIS appeal is directed against two judgments of the High Court dated Maghar 28, 2002 & Baisakh 13, 2003, by the former of which an application for execution of the decree by the latter of which an application for amendment of the decree was rejected.

(2.) THE appellant is the owner of a house at Panjtirthi in the City of Jammu which has been for a long time in occupation of the respondent. In an ejectment suit brought by the appellant against the respondent, the Munsiff of Jammu made a decree dated Jeth 28, 2000, under which the appellant was entitled to eject the respondent the said house subject to the payment of a of Rs. 300/ - to the respondent within two months of the decree. This decree was subsequently amended by the Munsiff and the sum of Rs. 3000/ - was raised to Rs.720/ - to be paid within two months of the amendment dated Bhadoom 15, 2000. Against the judgment and the decree of the Munsiff appeals were made both by the appellant and by the respondent to the District Judge of Jammu who in the end dismissed the appellant's appeal and allowed the respondent's appeal in part. The operative part of the judgment of the District Judge dated Chet 8, 2000 is as follows.

(3.) THE appellant has deposited a sum of Rs. 720/ - for payment to the respondent within two months of the decree of the Munsiff but the increased amount which the appellant was required to deposit under the judgment and decree of the District Judge was not deposited within two months of the decree but was deposited within three months of that date.