BHAGWATI PRASAD Vs. COLLECTOR OF ETAH

JUDGEMENT

(1.) This is a judgment-debtors application in revision under Section 115, Civil P.C.

(2.) On 21 September 1935, the Collector of Etah as President of Mt. Chunni Kunwar Trust Committee obtained a decree against the applicants for arrears of rent.

(3.) The decree was put into execution in due course, but on 27 January 1939, the execution application was dismissed for default. The decree-holder, however, applied for restoration and on 6 June 1939, the execution application was again restored. On 26 March 1940, the application for execution was again dismissed for default, but on an application by the decree-holder the executing Court again restored it. For the third time on 6 July 1940, the application for execution was dismissed for default. The decree-holder again applied for restoration but this time the application for restoration was dismissed by the executing Court on 30th September 1940, on the ground that sufficient ground had not been made out and the decree-holder had been persistently negligent. It may be mentioned here that the decree being for a sum of less than Rs. 500 the decree-holder could execute the decree only within three years as provided for in Schedule 4, Group F, Serial No. 3A, Agra Tenancy Act, 3 of 1926.