NANDA KISHORE MOHARANA Vs. MOHABIR PRASAD LATH

JUDGEMENT

(1.) THE Petitioner has preferred this Civil Revision against the order dated 16 -7 -1979 passed by the Munsif, Sambalpur, in Misc. Case No. 68/77 dismissing a petition under Section 47, Code of Civil Procedure filed by the Petitioner.

(2.) THE Petitioner was inducted as a tenant in the house of the opposite party on a monthly rent of Rs. 20/. The rent was later enhanced to Rs. 05/ - in H.R.C. Case No. 8/63. By order dated 17.9.1968 in H.R.C. Case No. 32/02 the Petitioner was ordered to be evicted from the house and to deliver vacant possession of the same to the opposite party. That order of eviction was confirmed by the Additional District Magistrate (Judicial), Sambalpur in H.R.C. Appeal No. 18/68. The decree for eviction is now in execution In Execution Case No. 34/72 pending before the Munsif, Sambalpur. In that execution case the Petitioner in 1975 filed an objection under Section 47 read with Order 21, Rule 23, Code of Civil Procedure alleging that the order which was being executed in the execution case was not a decree and so the execution proceeding was barred by limitation. On that petition Misc. Case No. 19/75 was registered and the same was dismissed on merits. Misc. Appeal No. 13/3/2 of 1975/ 76/77 filed against the said order of dismissal was also dismissed. Thereupon Misc. Appeal No. 100/77 was filed in this Court against the appellate order, and that too was dismissed on 17 -8 -1977. After all this, the Petitioner again filed a petition under Section 41, Code of Civil Procedure In the execution case alleging therein that a new tenancy has been created In favour of the Petitioner in 1969 and so the execution case could not proceed. Misc. Case No. 68/77 was registered on this petition and the Court below has dismissed this petition also on the ground that the objection raised against the execution of the decree is barred by the principles of constructive res judicata and that no fresh tenancy has been created in favour of the Petitioner as alleged by him. This revision has been filed against this order of dismissal dated 16 -7 -1979 passed by the executing Court.

(3.) I do not see any merit in this revision and it is accordingly dismissed with costs.