SURINDER KUMAR MEHNDIRATTA Vs. SWARAJ BANDHU
LAWS(ALL)-2001-5-243
HIGH COURT OF ALLAHABAD
Decided on May 09,2001

Surinder Kumar Mehndiratta Appellant
VERSUS
Swaraj Bandhu Respondents

JUDGEMENT

Bhupendra Kumar Rathi, J. - (1.) HEARD Sri Rajesh Tandon, learned Counsel for the petitioner and Sri S.K. Srivastava, learned Counsel for the respondent. There was a decree for eviction and recovery of arrears of rent in a suit filed by the respondent against the petitioner. In execution of the decree the petitioner filed objections that the decree is not executable. The objections filed by the petitioner were allowed by order dated 25.10.2000 and it was held that the decree under execution is not executable. The petitioner was directed to pay Rs. 20,000. This order is Annexure -5 to the petition. Thereafter, the petitioner moved an application for permission to pay Rs. 20,000 in instalments that application has been rejected by the impugned order, dated 26.4.2001, Annexure -9 to the petition. Aggrieved by it, this petition has been filed under Article 226 of Constitution of India. Sri Rajesh Tandon, learned Counsel for the petitioner states that the entire amount in accordance with order, dated 25.10.2000 shall be paid within six months.
(2.) THE petition is, therefore, finally disposed of with the direction that the petitioner may pay the entire amount within six months from today, if the aforesaid amount is not deposited within six months the petitioner shall be evicted, as provided by order/dated 25.10.2000 passed by ADJ, Bareilly.;


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