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Harakh Chand Vs. Mt. Sajida Begum and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1932All436
AppellantHarakh Chand
RespondentMt. Sajida Begum and ors.
Excerpt:
- .....assistant collector to make a decree payable by instalments.3. under the provisions of section 79, tenancy act, the decree-holder is entitled to execute the decree at once the very next day after the passing of it by the ejectment of the tenant. we have already mentioned that certain classes of tenants are exempted from the operation of this rule. in the present case the tenants are neither permanent tenure-holders nor tenants at fixed rate. if the landlord has this right of executing the decree the very next day after it is passed, the making of an instalment decree will take away from him that mode of execution which is open to him by section 79. section 80, tenancy act lays down that a tenant must pay within 15 days of the service of notice the amount of the decree sought to be.....
Judgment:

Mukerji, J.

1. This appeal arises out of a suit for recovery of arrears of rent, and the question that we have to decide is whether it is open to the Revenue Court to make a decree payable by instalments under the provisions of Order 20, Rule 11, Civil P.C.

2. The plaintiff, who is the appellant before us, brought the suit out of which-this appeal has arisen, for recovery of arrears of rent. The defendants admitted the claim but asked for permission to pay by instalments. The learned Assistant-Collector directed that the arrears decreed by him might be paid by three instalments, lie took care to direct that in case of any instalment being overdue*-the whole decree might be executed. The; plaintiff appealed to the District Judge, and the learned District Judge dismissed the appeal. The plaintiff has come up to us, and the argument of the learned Counsel for the appellant is that so far as tenants other than a permanent tenure-holder and a fixed rate tenant are concerned, the provision of Order 20, Rule 11, Civil P.C. is inconsistent with the provisions contained in Sections 79 and 80, Tenancy Act, 1926, and that therefore it was not open to the Assistant Collector to make a decree payable by instalments.

3. Under the provisions of Section 79, Tenancy Act, the decree-holder is entitled to execute the decree at once the very next day after the passing of it by the ejectment of the tenant. We have already mentioned that certain classes of tenants are exempted from the operation of this rule. In the present case the tenants are neither permanent tenure-holders nor tenants at fixed rate. If the landlord has this right of executing the decree the very next day after it is passed, the making of an instalment decree will take away from him that mode of execution which is open to him by Section 79. Section 80, Tenancy Act lays down that a tenant must pay within 15 days of the service of notice the amount of the decree sought to be executed by his ejectment. The section provides certain facilities for the tenants to pay up and, with the consent of the decree-holder the time for payment can be extended to six months. In our opinion the application of Order 20, Rule 11 in the case of tenants other than a permanent tenure-holder or a fixed rate tenant would be inconsistent with the provisions of Sections 79 and 80.

4. The view which We take was taken by two members of the Board of Revenue in a case decided under the old Tenancy Act of 1901 Liladhar v. Lalji 1 Unpublished decisions of B.R. 255. In the result we allow the appeal, modify the decrees of the Courts below and grant a decree payable in a lump sum for the entire amount decreed by the Court of first instance. The appellant will have his costs throughout.


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