BADAMO DEVI Vs. SAGAR SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was the tenant of one Shiv Narayan Chowdhury in respect of Promises No. 88, Chowk Bazar, Sultanganj, Bhagaipur on a monthly rent of Rs 60. 00. A suit for his eviction was filed by Shiv Narayan Chowdhury who died during the pendency of the suit in 1976 and was substituted by the present appellants.

(3.) Since the respondent did not put in any appearance in the suit, an ex parte decree for eviction and arrears of rent was passed against him on 2/9/1978. The decree was put to execution in 1984 and an Execution Case No. 29 of 1984 was registered in which the respondent filed objections under Section 47 read with Order 21 Rule 2 Civil Procedure Code on 25/4/1985. These objections were registered as Miscellaneous Case No. 11 of 1985 in which it was set out that under an oral settlement with Appellant 2, made outside the court, he was allowed to stay in the promises in question as a tenant on a fresh tenancy on an enhanced rent of Rs 150. 00 p. m. He further pleaded that all previous dues were waived by Appellant 2 who accepted the rent at the enhanced rate and also granted receipts to him.