R.H. Zaidi, J. - (1.) HEARD learned Counsel for the petitioner. Present petition arises out of the S.C.C. suit which was filed by respondent No. 2 for recovery of rent, damages for use and occupation and ejectment. It is alleged that the petitioner who was defendant in suit was in arrears of rent from 1.12.1977 to 4.4.1981. Inspite of notice of demand which was served upon the defendant he failed to deposit the same. Consequently, he was defaulter and was liable to be ejected from building in question. The petitioner, in the suit, filed the written statement, pleading that the rent upto 31.8.1984 was already paid and he was not a defaulter. Suit was dismissed by the trial Court. The trial Court held that the petitioner was not in arrears of rent and has not committed any default.
(2.) THE respondent No. 2 filed a revision before the Lower Appellate Court which was allowed partly. It was held that the findings recorded by the trial Court regarding question of validity of notice and payment of arrears of rent were perverse. Defendant was held to be in arrears of rent, suit was decreed partly i.e. only for recovery of rent. The petitioner has challenged the validity of the order of Court below by means of the present writ petition. Learned Counsel for the petitioner submitted that the petitioner already paid the rent to respondent No. 2, therefore, the decree passed by the Court below was illegal and liable to be set aside. By the Court below the suit has been decreed partly i.e. only for recovery of the amount of arrears of rent. The question as to whether the amount of arrears of rent has been paid to the respondent or not, shall be decided by the Execution Court. If the rent has already been paid by the petitioner or deposited in the Court for payment to the landlord, the same cannot be recovered from him again. In case, the respondent No. 2 moves an application for execution of the decree it will be open to the petitioner to show to the Execution Court that amount which is sought to be recovered has already been paid and if he satisfies, the Executing Court regarding payment of arrears of rent, there will be no occasion for the Execution Court to direct for the recovery of the said amount again. With these observations the writ petition stands finally disposed of.;