MOHAN LAL Vs. BABU LAL

JUDGEMENT

(1.) BY this revision the judgment-debtors have challenged the order of the learned Munsif, Siwana, dated 22.4.1985 by which their objections to the execution of the decree for ejectment were rejected and warrant of possession was ordered to be issued.

(2.) I have heard the learned counsel for the parties. They are agreed that the revision may be disposed of at this stage and that the record of the case would not be necessary.

(3.) THE decree-holder alleging that the judgment-debtors have not complied with these conditions, applied for execution of the decree. It is not disputed now that the arrears of rent and amount of costs etc. have been deposited by the judgment-debtors within the time allowed by this Court as by 21.11.1983, he had deposited the said amount and a little more than that. The dispute is with regard to the rent, which fell due for the months 10.7.1984 to 9.8.1984 to 10.9.1984. The rent for these months was deposited on 19.9.1984 and, therefore, the decree-holder complains that this deposit is in contravention of the order of this Court dated 20.10.1983. His contention is that the rent for the month of July should have been deposited by 15th of August and for that of August by 15th of September but as the rent has been deposited on 19.9.1984, it has been delayed for both the months. The contention of the learned counsel for the judgment-debtors, on the other hand, is that the month of tenancy begins from 10th of every calendar month, he could have deposited the rent for the month of July by 25th August and for the month of August by 25th of September. Therefore, so far as the deposit for the month of July is concerned, there has been no delay. He has moved application before this Court in the second appeal for condonation of the delay in the deposit of the rent for the month of July.