RAVI SHANKAR SINGH Vs. SHOBHA PRASAD

JUDGEMENT

(1.) Heard Mr. Rajendra Prasad, learned Senior Counsel, appearing on behalf of the petitioner and Mr. Ajay Kumar Singh, learned Counsel, representing the respondent.

(2.) The petitioner is aggrieved by an order, dated 09.06.2017, passed by learned Munsif II (Sadar), Bhagalpur, in Title Execution Case No. 14 of 2013, whereby he has rejected an application filed on behalf of the petitioner under Order 21 Rule 29 of the C.P.C. for stay of the execution proceeding.

(3.) Briefly narrated, facts of the case, resulting into filing of the present application, are that the petitioner claims to be tenant of one Anil Jiloka. It is his further case that there was an oral agreement for sale of the suit premises (shop) for consideration of a sum of Rs. 33,000/-, out of which he had paid a sum of Rs. 10,000/-. Said Anil Jiloka, however, transferred the said shop in the name of the respondent by executing a registered deed of sale. The respondent filed an eviction suit, giving rise to Title Eviction Suit No. 10 of 1998, which came to be decreed in her favour by judgment and order, dated 26.06.2013. The respondent, thereafter, filed an execution case, being Title Execution Case No. 14 of 2013, for executing the said decree, dated 26.06.2013.