LAWS(MPH)-1975-10-13

MOHD ALI Vs. BHADUR SINGH

Decided On October 01, 1975
MOHD ALI Appellant
V/S
BHADUR SINGH Respondents

JUDGEMENT

(1.) THIS is a second appeal arising out of an execution case.

(2.) THE respondent obtained a decree for ejectment of the appellant from a plot occupied by him as a tenant in Civil Suit No. I22-A of 1952. Thereafter he started execution proceedings against the appellant. The case of the appellant is that on 9-2-1961 the parties came to terms and a fresh tenancy was created at the rate of Rs. 71 per month in his favour by the respondent; and thereafter the respondent got the execution case dismissed on 22-9-1961. The respondent recovered rent at the rate of Rs. 71 per month from the appellant after 9-2-1961 till 1963 and passed receipts for the same. According to the appellant, he spent a huge amount for the construction of pucca structures for running rice and poha mills after the new tenancy was created on 9-2-1961. In 1965 the respondent again filed an execution application for ejectment of the appellant. The appellant filed an objection contending that he could not be ejected in the circumstances of the case. The executing Court, however, dismissed the objection on 19-9-1973 on the ground that the alleged compromise or settlement was not certified in accordance with the provisions of rule 2 of order 21 of the Code of Civil Procedure and therefore, it could not be given effect to in execution proceedings. The appellant thereupon filed an appeal which was dismissed by the First Additional District Judge, Durg. Being aggrieved thereby, he has filed this second appeal.

(3.) THE facts stated by the appellant have not been investigated so far by the Courts below because the objection was held to be untenable in view of the provisions of rule 2 of Order XXI of the Code. I have, therefore, to consider whether the objection filed by the appellant is tenable, assuming the facts stated by him to be true.