SHALLO RAM Vs. KULDIP RAJ

JUDGEMENT

(1.) Kuldeep Raj, respondent herein, filed a suit for ejectment of Shallo Ram, from a shop situate in Rajouri town on the basis of personal necessity. His suit was decreed by the learned Sub-Judge, Rajouri vide his judgment and decree dated Sept. 16, 1975. Shallo Ram went in appeal before the learned District Judge, Rajouri, who, dismissed the appeal vide his judgment dated Sept. 19, 1979. Shallo Ram aggrieved by this judgment has come up in second appeal before this Court.

(2.) During the course of proceedings before this Court, Kuldeep Raj moved an application (C.M.P. No.11 of 1981) for issuing direction to Shallo Ram tenant to deposit the arrears of rent/compensation for use and occupation of the suit shop within 15 days from the date of order and further to direct him to continue to deposit the rent/compensation, month by month in this Court. After obtaining objections from the other side Justice G. M. Mir (as he then was) vide order dated May 16, 1980 allowed the application of Kuldeep Raj and directed Shallo Ram tenant to deposit all arrears of rent due from 1-4-78 up to date within 15 days from the date of order and further to continue to pay the rent month by month at the rate of Rs.65/- per month. Kuldeep Raj has now filed the present application alleging therein that Shallo Ram has defaulted in depositing month by month rent and in view of this default which is in contravention of the order of the Court, the defence of the defendant tenant requires to be struck out. Shallo Ram has filed objections almost admitting the default, but according to him, the deposit of rent late by a few days would not make any difference when he had already deposited the arrears of rent in accordance with the directions of the Court.

(3.) Report of the Nazir was called and according to him, Shallo Ram, tenant-appellant deposited monthly rent on 26-6-1980 and afterwards on 27-10-1980 i.e. after more than four months. Similarly, he deposited rent on 3-11-1980 and thereafter on 13-2-1981 i.e. after more than three months.