SUSIL KUMAR ADHYA Vs. RANGALAL PATWARI

JUDGEMENT

(1.) This revision is directed against the order dated 5-2-79 passed by the learned Munsif, Puri in Misc. Case No. 121 of 1977, a proceeding under Section 47 C. P. C., allowing the said Misc. Case and dismissing the, concerned Execution Case No. 25 of 1976 of the same Court. The present petitioners are the legal heirs of the late Gopinath Adhya who was the decree-holder in Execution Case No. 25 of 1976 and the present opposite party was the judgement-debtor. The late Gopinath Adhya had obtained a decree for eviction of the opposite party in H. R. C. Case No. 29 of 1975 and the said decree was confirmed in H. R. C. Appeal No. 19 of 1976. The late Gopinath Adhya filed Execution Case No. 25 of 1976 on 12-3-76. During the pendency of the Execution case, the opposite party filed a petition on 21-2-77 under Section 47 C. P. C. which was registered as Misc. Case No. 121 of 1977.

(2.) The opposite party's case is that after the disposal of H. R. C. Appeal No. 19 of 1976 at the instance of some gentlemen a proposal for compromise was mooted between the parties and on 23-1-77 it was agreed to between the parlies that the late Gopinath Adhya was to be paid enhanced rent at the rate of Rs. 24/- per month from January, 1977 and the opposite party would continue as a tenant as before. According to the opposite party, in view of the fresh tenancy between the parties, Execution Case No. 25 of 1976 which was initiated for his eviction should be dismissed.

(3.) In his counter the late Gopinath Adhya had stated that the petition under Section 47, C. P. C., had been filed by the opposite party on false grounds only to harass him at his old age. It is denied that there was any agreement between the parties to the effect that on payment of enhanced rate of rent the opposite party was to continue as a tenant in the suit house.