1982 Supreme(All) 488
S.C.MATHUR
Babu Khan – Appellant
Versus
Annapurna Devi – Respondent
Advocates:
B. Soloman, for Petitioner; J. Bhalla and B.C. Agarwal for Opposite Parties.
JUDGMENT :- The applicant had preferred writ petition in this Court against the decree for ejectment passed against him by the Court below. While rejecting the writ petition through my judgment dated 22-1-1982 I had allowed six months time to the applicant to vacate the accommodation in dispute. This time of six months was available to the applicant on the condition that he deposited the entire decretal amount/ mesne profits up to 31st Jan. 82 in the Trial Court within fifteen days and continued to deposit in the Trial Court future mesne profits within 7 days of their falling due. According to the averments made in the affidavit filed in support of this application the applicant deposited on 9th February, 1982, a sum of Rupees 550/- as rent up to May, 1982. The applicant. however, did not deposit the costs of the proceedings. The decree holder pressed that the terms of my order dated 22nd January, 1982 had not been complied with and, therefore time allowed to the petitioner could not be availed of by him. This plea was accepted by the Court below. Before the Court below the applicants case was that there was no direction in my judgment dated 22nd January, 1982, regarding deposit of
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