JAYANT KUMAR ROY Vs. SHAM KUMAR

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure (hereafter referred to as the Code) is directed against the order of the learned Sub -Judge 1st Class (I), Amb, Distt. Una, H.P. whereby the Objection Petition No. 2 -A/1998 under Section 47 of the Code of Civil Procedure about the executability of the decree sought to be executed by the respondent has been summarily dismissed.

(2.) Brief facts, leading to the presentation of this petition are that the petitioner instituted a suit for declaration that he is a tenant in possession of the premises standing on land comprising khewat khatauni No. 255 min/ 423, khasra No. 1156, measuring 41.76 deci meters, situate in up Mohal Devnagar, village Gagret, Teh. Amb, on payment of rent ((THELAW)) Rs. 600 per annum, but on the basis of certain revenue entries, the respondent, who is the present owner of the premises in question, and the previous owner, Dhani Ram, now deceased, had been interfering with his possession. The suit was compromised on 25.11.1995, on the basis of a compromise arrived at between the parties to the suit and it was ordered in the decree that "in view of the compromise between the parties, the suit is disposed of by holding that plaintiff will remain in possession of the suit premises without paying any rent uptill 25th of November, 1997, on which date, he will hand over the vacant possession. In case he failed to do so, plaintiff would be entitled to recover the rent of premises uptill that date. -

(3.) The petitioner, however, preferred an appeal against the said compromise decree, which was dismissed by the learned District Judge, Una. The petitioner preferred a second appeal in this Court, being RSA No. 35 of 1999, which stands dismissed vide separate judgment of the date passed by this Court, holding that there was no bar to the Civil Court to entertain the suit of the petitioner for declaration and injunction and to pass a decree based on compromise therein. However, the question of executability of such decree which has the effect of directing eviction of a tenant from the demised premises has been left open in the said appeal.