Non-compliance with a conditional stay order can result in dismissal of a revision petition.

B.S.Nehra, J.

1. Heard.

2. It is not disputed by the learned counsel for the petitioner that the arrears of rent for the period commencing from 22-9-1983 to February, 1987, were not paid to the respondents nor deposited before the appellate authority despite conditional stay order granted by the appellate authority that the eviction of the petitioner will remain stayed subject to is depositing the arrears of rent for the said period. Learned counsel for the petitioner attempted to submit that the facts on the record clearly indicate that the rent had been paid by the petitioner to the previous owner. This question relates to the merits of the case and therefore, it cannot be gone into at this stage in so far as the liability of the tenant to pay the arrears of rent for the aforesaid period which were found due by the Rent Controller.

3. Since this revision petition is directed against the order of the executing Court, the petitioner cannot be allowed to go behind the order of the appellate authority which was a conditional one and the petitioner had failed to comply with the condition. In this view of the matter, there is no ground to interfere in the impugned order, hence the revision petition is dismissed.