Khusi Ram vs Smt. Santosh Suri

Rajiv Sharma, J.—This petition is directed against the order dated 28.6.2013 rendered by the Civil Judge Senior Division, Kasauli in Execution Petition No. 7/10 of 2008.

"Key facts" facts necessary for the adjudication of this petition are that respondent-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) had filed a suit for ejectment and possession against the petitioner-tenant (hereinafter referred to as the "tenant" for convenience sake). Trial court decreed the suit on 9.3.2007. Tenant preferred an appeal against the judgment and decree dated 9.3.2007 before the District Judge, Solan. He dismissed the same on 29.3.2008. Tenant filed Regular Second Appeal bearing RSA No. 348/2008-D. It was dismissed by this Court on 10.12.2012. The plaintiff has filed execution petition for the execution of decree dated 9.3.2007.

What emerges from the material placed on record is that the tenant has not paid the entire arrears of rent to the plaintiff till date though the possession has been handed over to her.

Mr. Rajeev Sood has vehemently argued that the tenant has already paid more than Rs. one lakh to the plaintiff. Learned counsel appearing on behalf of the plaintiff submitted before the Executing Court on 23.5.2013 that the possession of the accommodation in question has already been delivered to her but the arrears of use and occupation charges were still to be recovered and some amount has been deposited by the tenant in this Court. On 25.6.2013, a specific stand was taken by the tenant that the amount has been deposited in the Court. The case was adjourned to 28.6.2013, but on that date, tenant failed to furnish details of the total amount deposited in this Court. It is in these circumstances, the trial court has passed the impugned order dated 28.6.2013. The tenant has not fully satisfied the decree till date. It was incumbent upon him to apprise the Executing Court about the total sum paid to the plaintiff and the amount which is yet to be paid.

The Civil Suit was filed by the plaintiff in the year 2004. The decree dated 9.3.2007 till date has not been executed in its entirety. There is neither any illegality nor any perversity in the order dated 28.6.2013.

Accordingly, in view of discussion and analysis made hereinabove, there is no merit in the petition and the same is dismissed. The Executing Court is directed to decide the Execution Petition No. 7/10 of 2008 within a period of three months from today. Pending application(s), if any, also stands disposed of. No costs.