K.N. TRADING CO. Vs. MASONIC FRATERNITY OF SHIMLA

JUDGEMENT

(1.) ADMIT .

(2.) WITH the consent of the counsel for the parties, the revision petition is heard and disposed of finally. By way of this revision petition the petitioner-judgment debtor has challenged the order dated 17.5.1995 whereby its objections in Execution Petition No. 120/10 of 1994 pending in the court of Senior Sub Judge, Shimla are dismissed and warrant of possession has been issued.

(3.) THEREAFTER , the respondent-decree-holder filed Execution Petition before the Rent Controller, Shimla which was resisted by the petitioner-judgment debtor by filing objections but failed. The objections were dismissed by the Rent Controller by order dated 26.9.1981, against which revision petition was filed in this Court which was also dismissed on 21.5.1982 upholding the order dated 26.9.1981 of the Rent Controller and holding that the deposit of arrears of rent beyond the period of 30 days from the date of the eviction order was not legal and valid and eviction order could be avoided only if the amount due would have been paid within the prescribed period, which can neither the enlarged nor abridged by the Court.