RAMNIWAS Vs. SOBHAGMAL

JUDGEMENT

(1.) THIS is a second appeal by the decree-holder in execution proceedings.

(2.) THE facts are not disputed and are as follows: - THE appellant obtained a decree for ejectment and arrears of rent against the respondents on 18th November, 1949, from the court of the Civil Judge, Nimbahera. THE suit in respect of arrears of rent was for a period more than seventeen months. An appeal to the District Judge was unsuccessful, and the second appeal filed by the defendants was withdrawn by them on the 12th January, 1951. THE appellant put his, decree in execution on the 26th November, 1949. But the proceedings were stayed on orders of the appellate court. On the 15th January, 1951, the judgment-debtors made an application to the court of the Civil Judge, Nimbahera, which was the executing court, expressing their willingness to deposit the entire rent due up to that date. THEy also intimated to the court that as the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII) of 1950 had come into force, the judgment-debtors decided to withdraw their appeal in the High Court, and were depositing Rs. 318/2/- due on account of arrears of rent and Rs. 31/13/- on account of the cost of the suit. THE Civil Judge, however, was of opinion that as the proceedings in execution has been stayed, he was unable to take an action or direct the judgment-debtors to deposit the money unless he had received orders from the High Court that the order staying proceedings had been vacated. THEreafter, the decree-holder made an application on the 22nd January, 1951, that the stay order passed by the High Court had been vacated and that the decree may be executed. To this application the judgment-debtors objected, and on 28th March, 1951, the learned Civil Judge was of opinion that the judgment-debtors having failed to deposit the amount of arrears on the first date of the hearing of the suit were not entitled to the relief provided by sec. 26 read with sec. 13 of Act XVII of 1950, and he directed proceedings to be taken for ejectment and for the recovery of the arrears of rent.