1 cra560-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL REVISION APPLICATION NO. 560 OF 2011 S. A. Munshi .. Applicant V/s. Shree Tirthanker Co. .. Respondent ..... Mr. S. V. Oak for the applicant. ..... CORAM : A.S.OKA, J. DATE : NOVEMBER 16, 2011. P.C.: Heard the learned counsel appearing for the revision applicant. The revision applicant is the defendant-judgment debtor. The respondent-decree holder obtained a decree for eviction under the provisions of the Bombay Hotels and Lodging House Rates Control Act,1947 on the ground of arrears of rent. In execution application, the applicant made an application purporting to be an application under Section 151 read with Section 153-A of the Code of Civil Procedure, 1908. In the said application, it was contended that at the time of admission of the Appeal against decree for eviction, the appellant had deposited the entire amount of rent due and payable along with interest at the rate of 9% per annum together with the costs of the suit. However, the deposit of the said amount was completely ignored 2 cra560-11 by the Court while passing the decree. The said application has been rejected by the executing Court and a Revision Application preferred by the applicant for challenging the said order has been dismissed by the Appeal Bench of the Court of Small Causes. 2. The submission of the learned counsel appearing for the revision applicant is that in exercise of powers under Section 151 read with Section 153-A of the Code of Civil Procedure, 1908, the said application ought to have been considered on merits. 3. A decree for eviction passed on the ground of arrears of rent has attained finality. The submission of the learned counsel appearing for the applicant in substance is that in view of the alleged deposit of the amount by the appellant, the decree could not have been passed. The executing Court cannot go behind the decree and hence, it is not possible to find fault with the view taken by the Courts below. The Revision Application is accordingly rejected. (A.S.OKA, J.)