JAMUNA DAS SARDA Vs. RITA LAL

JUDGEMENT

(1.) In this application the petitioner-appellant has prayed for modification of the order dated 8-7-2004. By the said order this Court while staying the execution of the impugned decree had directed the appellant to pay the decretal arrear amount of Rs.2,77,405/- in six monthly instalments and the current rent of each month at the rate of Rs. 10,000/-. It has been stated in this application that already four instalments have been paid to the respondents which come to Rs. 1,55,000/-. He has also paid the arrears of Rs. 1,10,000/- in addition to the current rent which has been also paid at the rate of Rs. 10,000/- per month to the respondents. Thereby, only Rs. 92,405/- remained to be paid towards the decretal amount. It has been stated that the petitioner is an old man aged about 85 years and his only source of income is the shop running in the premises and in all he has paid about Rs. 3,65,000/- by now from July 2004 within a short span of time and he has been also paying the current rent at the rate of Rs. 10,000/- per month. But due to the said payments in a short period he has been put to financial crisis. The petitioner has stated that he intends to pay the balance amount in compliance of the Court's order but prays for fixing further easy instalments for the payment of the said remaining amount in the compelling circumstance of his financial strain.

(2.) A reply to this application has been filed on behalf of the respondents in which the payments made by the petitioner have not been denied. However, it has been stated that the respondent No. 1 is a widow and she has no other source for her subsistence and that the period earlier fixed has already expired in the month of November 2004.

(3.) After hearing the parties and perusing the statements made in the application and its reply, it is evident that the appellant has substantially complied with the order and the condition for stay as required by the order dated 8-7-2004 and thereby he has shown his bona fide. The petitioner has stated that the shop in the premises is the only source of his livelihood and it has been admitted that a sum of Rs. 3,55,000/- and odd has already been paid since July 2004 by him. In view of the above, some indulgence is required in order to enable the petitioner to pay the decretal dues on his own so that the respondents may get the same without any further legal proceeding in the execution etc. In my view, it would be thus proper to make some modification in the order of this Court dated 8-7-2004. The petitioner-appellant shall now pay Rs. 93,000/- instead of the remaining Rs. 92,000/- of the decretal amount in three equal monthly instalments of Rs. 31,000/- each. The first instalment of Rs. 31,000/- shall be payable by the second week of March and the second and third instalments by the first week of April and May, respectively.