BABU RAM SHARMA Vs. PAL SINGH

JUDGEMENT

(1.) This case originally came up for hearing before Gurnam Singh, J. who by his referring order dated the 11th March, 1957 referred the following two questions for decision by a larger Bench on account of conflict of authority :-

(2.) The learned Single Judge has also observed that, if considered necessary, the case as a whole may be decided by the Division Bench.

(3.) The facts leading up to the present execution second appeal are that on the 20th December, 1953 the landlord, who is respondent in this appeal, applied to the Rent Controller for ejectment of the tenant (appellant) on the ground of non-payment of rent. The tenant appeared before the Rent Controller and denied the allegations made by the landlord in his application. On the 21st of May, 1954 however, the parties entered into a compromise whereby the tenant undertook to pay Rs. 800/- as arrears of rent by instalments, the first instalment of Rs. 200/- being payable on the 15th August, 1954, the second instalment of Rs. 300/- on the 31st October, 1954, and the last instalment for the same amount on the 31st January, 1955. In default of payment of anyone of the instalments the tenant was liable to be ejected. It appears that the tenant did not care to pay any instalment, with the result that on the 18th October, 1954 the landlord sued out execution for ejectment against the tenant. A notice was issued to the appellant but he refused to accept service as a result of which ex parte proceedings were taken against him and on the 16th December, 1954, warrants for possession, of the property were issued. In the meantime, however, on the 12th November, 1954, the judgment-debtor appeared in Court and pleaded that he had already paid a sum of Rs. 450/- to the landlord in full satisfaction of the decree passed against him. This plea was disallowed by the Court. It appears that this plea was unsuccessfully agitated by the judgment-debtor right up to the High Court.