CHANDRA KISHORE SHARMA Vs. RADHEYSHYAM DIDWANIA

JUDGEMENT

(1.) THE Petitioner by filing the present application under Articles 226 and 227 of the Constitution of India has prayed for quashing of the order of the learned Additional District Judge, Sambalpur, passed in Civil Revision No. 12/5 of 1995/ 96 (Annexure -5) whereby he set aside the order of the learned Civil Judge (Junior Division), Jharsuguda, dismissing the execution proceeding.

(2.) FOR better appreciation of the case, a few facts may be stated thus:

(3.) Learned executing Court upon hearing the parties, came to hold that there being no order passed by the Controller directing the tenant to put the landlord in possession of the tenanted premises, the order under Annexure -2 passed in terms of the compromise cannot be termed as a decree. Further, it also took the view that since the rent of the tenanted premises was enhanced as agreed to between the parties, a fresh tenancy was created and therefore, the compromise being non est. the execution proceeding was not maintainable in law. In the premises, the Court declined the compromise decree and consequently dismissed the execution proceeding. The said order came to be challenged by the landlord in revision and the learned Additional District Judge upon hearing the parties, set aside the order of the executing Court and held that the order of the Controller under Annexure -2 being a decree is executable under Section 15 of the Act and having so held, he allowed the revision. Hence, the present writ application.