BALAK RAM Vs. FATEH CHAND

JUDGEMENT

(1.) THIS civil revision is directed against the order of the Executing Court vide which objections preferred by the respondent-judgment-debtor pertaining to the execution of the decree were accepted and the decree was held to be not executable. Execution was also found barred by the principle of res judicata.

(2.) PETITIONER filed suit for possession. In the suit it was claimed that the respondent is in possession of the premises as a licensee and on termination of the license, he failed to vacate the premises. Suit was contested by the respondent.

(3.) DURING the pendency of the suit, a compromise was arrived at between the parties. Respondent made a statement that he shall vacate and hand over the vacant possession of the disputed shop to the petitioner within a period of two years and the petitioner shall not claim rent for those two years. Respondent also stated that the decree be passed in terms of the compromise. Consequently on 11-10-1977 decree for possession was passed Petitioner sought execution. Respondent raised objection that the decree cannot be executed as it does not give any description of the property for which the decree for possession was passed. In his reply, petitioner denied the allegations made in the objection petition.