RAM KUMAR Vs. MAHADEO LAL

JUDGEMENT

(1.) THIS is a judgment-debtor's execution second appeal against an appellate order of the District Judge- Jhunjhunu.

(2.) THE facts which have given rise to it are these. Mahadeo Lal respondent No. 1 brought a suit for mandatory injunction against Thakur Bhim Singh respondent No. 2 and Dr. Ram Kumar appellant in respect of a piece of land 156 1/2ft. X 11ft, on which the appellant had made some constructions. The trial court passed a decree in favour of the plaintiff on 29-4-52. Under this decree Dr. Ram Kumar was directed to demolish his constructions standing on the land in dispute within one month failing which they were to be removed at his expense on the plaintiffs applying to the court for execution. In the alternative the defendants were given the option of paying Rs. 257/- by way of compensation to the plaintiff within one month failing which the decree for mandatory injunction was to become absolute.

(3.) NEITHER of the two defendants paid nor tendered the sum of Rs. 257/- to the plaintiff during the period stipulated in the decree. On 2-7-52 on the re-opening of the courts after the vacation the appellant filed as application to the court explaining various circumstances in which he was unable to deposit the money by 29th May 1952 and prayed for extension of time granted under the decree to enable him to deposit the money. On that date the presiding officer was on leave and the application was ordered to be put on 7-7-52. On this application without issuing notice to the plaintiff the presenting officer passed an order extending the time granted under the decree upto 7-8-52 and on that date the appellant deposited Rs. 257/ -.