JUDGMENT

K. Ramaswamy, J.

1. The appellant judgment debtor, was a tenant of Smt. Shanti Devi, who applied on September 28, 1974 for eviction of him for committing default in paying the rent. On September 30, 1974, she sold it to the first respondent who got impleaded himself in the pending proceedings and also independently sought for eviction. Pending the proceedings the appellant deposited rent in the name of Shanti Devi which now is ultimately found to be Rs. 13,440. The decree for eviction made against him was ultimately confirmed by this court. The suit of the first respondent for the arrears of rent was decreed for a sum of Rs. 6,419.98. Pending eviction proceedings, in the Writ Petition No. 830 of 1978 of the appellant, the High Court of Delhi directed on September 6,1979, after hearing both the parties, and without prejudice to the contentions of the respondent, that the amount deposited by him may be credited to the account of the respondent. The first respondent filed E.P. No. 1974/78 in the court of the Addl. Sub Judge, 1st Class for sale of the appellants plot of land bearing 31/35, Punjabi Bagh, New Delhi, a commercial area of an extent of 550 square yards to recover Rs