JADAV Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) IN a suit for eviction filed by the petitioner (hereinafter referred as 'landlord') against the non-petitioner (hereinafter referred to as the tenant) a compromise decree was passed on February 3, 1986. The landlord initiated execution proceedings on November 1, 1993. Before the executing court an application for seeking permission to deposit rent/mesne profit was filed by the tenant. The learned executing court allowed the application vide order dated July 27, 1995. The landlord has now preferred the instant revision impugning the said order of the executing court.

(2.) LEARNED counsel for the land lord canvassed that mode of payment of rent had been specifically set out in the compromise decree and when the act was required to be done in a particular manner, it ought to have been done in that manner only. The tenant had obtained concession on agreeing to make regular payment of rent by the end of each month and had agreed to hand over the vacant possession of shop to the landlord or before January 31, 2001. Attempt was made to interpret provisions of Order 21 Rule 1 CPC and it was contended that expression 'otherwise' in clause (c) of Order 21 Rule 1 signifies that in such an event there is no other way of making a payment, it must be paid in accordance with the direction contained in the decree. Reliance was placed on Mahavir Prasad Jain v. Smt. Indira Devi Jain and Ors., AIR 1986 All 238 and Ramchandra Keshav Adke v. Govind Joti Chavare and Ors., AIR 1975 SC 915.

(3.) AFTER giving my thoughtful consideration to the rival contentions I am of the view that arguments advanced on behalf of the landlord are technical in nature. Indisputably there was a condition in the compromise that the tenant either shall pay the monthly rent/mesne profit on or before the last date of next month and shall obtain its receipt or shall deposit the same in the bank account. In the event of closure of Bank account the rent shall be paid through money order or shall be deposited in the court. The tenant instead of depositing the rent in the Bank account of landlord sought permission of the court to deposit the rent in court itself.