CHANDAN MALL BAPNA Vs. ABDUL GANI MEAH

JUDGEMENT

(1.) THIS appeal is by the judgment-debtor and arises out of an execution case.

(2.) THE material facts are as follows :

(3.) THE executing Court in its order has referred to the evidence of P. W. 1, who was the appellant himself, and P. W. 2. P. W. 1 deposed that he had agreed to pay house rent at the rate of Rs. 150/- per month to the respondent from 1966 on the condition that the godown would be made pucca and a sanitary latrine would be constructed and that in total he paid to the respondent Rs. 1,900/- as house rent at the rate of Rs. 150/- per month and he was granted receipts for the payments but, as the respondent demanded rent at the rate of Rs. 200/- per month, he made an application before the Munsiff for fixation of fair rent and obtained an order from the Court fixing fair rent at Rs. 65/- per month. P. W. 2 was a neighbour of P. W. 1 carrying on business in the vicinity of the appellant. He deposes that he saw the appellant paying rents at the rate of Rs. 150 per month. The appellant, however, did not produce in Court the order of the Munsiff fixing fair rent at the rate of Rs. 65/- per month, as alleged, and deposed to by the appellant, nor did he produce receipts showing payments of rents as alleged and deposed to by him, and, as such, the executing Court rejected the appellant's case, holding that the executing Court could not go behind the decree. The appellant filed an appeal before the District Judge, who upheld the order of the executing Court, and held that the executing Court could not go behind the decree.