K.S.LODHA,J. - (1.) BY this revision the judgment-debtors have challenged the order of the learned Munsif, Siwana, dated 22.4.1985 by which their objections to the execution of the decree for ejectment were rejected and warrant of possession was ordered to be issued.
(2.) I have heard the learned counsel for the parties. They are agreed that the revision may be disposed of at this stage and that the record of the case would not be necessary. Briefly stated the facts relevant for the present purpose are that a decree for ejectment was passed by the learned Munsif against the present petitioners on 8.9.1980 and the same was confirmed by the learned Civil Judge, Balotra, dated 9.9.1982. A second appeal against this decree was filed before this Court and on 20.10.1983, this Court granted stay of the execution of the decree for ejectment on the conditions that the appellants pay to the respondents or deposit in the trial Court all the arrears of rent and costs etc. upto date within one month from today and go on paying/depositing the future monthly rent by the 15th of every succeeding month.
(3.) THE decree-holder alleging that the judgment-debtors have not complied with these conditions, applied for execution of the decree. It is not disputed now that the arrears of rent and amount of costs etc. have been deposited by the judgment-debtors within the time allowed by this Court as by 21.11.1983, he had deposited the said amount and a little more than that. The dispute is with regard to the rent, which fell due for the months 10.7.1984 to 9.8.1984 to 10.9.1984. The rent for these months was deposited on 19.9.1984 and, therefore, the decree-holder complains that this deposit is in contravention of the order of this Court dated 20.10.1983. His contention is that the rent for the month of July should have been deposited by 15th of August and for that of August by 15th of September but as the rent has been deposited on 19.9.1984, it has been delayed for both the months. The contention of the learned counsel for the judgment-debtors, on the other hand, is that the month of tenancy begins from 10th of every calendar month, he could have deposited the rent for the month of July by 25th August and for the month of August by 25th of September. Therefore, so far as the deposit for the month of July is concerned, there has been no delay. He has moved application before this Court in the second appeal for condonation of the delay in the deposit of the rent for the month of July.;