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Showing contexts for: ejectment execution in Badri Prasad vs Brindaban Bihari Lal on 23 March, 1950Matching Fragments
The suit was thus disposed of on compromise, and the terms of the compromise were incorporated in a decree which was "drawn up on 9th August 1946. It would appear from the terms of the compromise that Rs. 528-5-0 had to be paid by the judgment-debtor to the decree-holder as arrears of rent till August 1943, and it is common ground that this amount has been paid up. On 18th November 1946, the decree-holder filed an application for execution which was registered as Execution case No. 27 of 1946, in which be sought to execute the decree for ejectment. This application for execution was, however, dismissed on 14th March 1947 and probably at the instance of the judgment-debtor. The present application for execution was filed on 10th April 1943, and it is for the realisation of Rs. 33-5-0 per mouth for the period September 1943 till July 1946 with interest and costs. This execution case is still pending and has been registered as Execution Case no. 56 of 1948. On 2nd June 1949, the judgment-debtor filed a petition purporting to be a petition under Sections 47, 151 and 152, Civil P. C., in the aforesaid execution case, and the contentions raised by the judgment-debtor were (1) that the decree was inexecutable in law, (2) that the order of compromise is without jurisdiction as it relates to matters "extraneous to the agreement", and (3) that the judgment-debtor is not liable to pay interest or damages. It appears from the judgments of the Courts below that the only question seriously canvassed before them was that the terms in the decree relating to the payment of Rs. 33-5-0 per month from September 1943 till July 1946 were beyond the scope of the suit and that, as such, these terms could not be enforced in the execution case filed by the decree-holder. Mr. Mahabir Prasad for the judgment-debtor-appellant did not seriously press this contention, but as this was practically the only point urged before the Courts below, I must express my opinion with regard to it. The claim in the suit in which the decree sought to be executed was passed can be classified under the following three heads : (1) A decree for Rs. 599-11.6 as arrears of rent; (2) a decree for the ejectment of the defendant from the house as his tenancy had been terminated by a notice; and (3) a decree for damaged or mesne profits for the period commencing from the expiration of the tenancy and up till the date of delivery of possession at the rate of Rs. 5 per day over which the plaintiff had undertaken to pay the court-fee as assessed by the Court.