BASHI RAM Vs. LAKHMI CHAND

JUDGEMENT

(1.) THIS is second appeal against the order of the District Judge, Poonch, dated 19-2-1972 whereby the order of the Sub Judge, Rajouri, dated 28-7-1971 was reversed.

(2.) THIS appeal arises out of execution proceedings and the facts giving rise to the same can be summarised as under :-

(3.) THE appellant contested the execution alleging that the consent decree was in fact a new agreement of tenancy. As the fresh tenancy had been created between the parties so the decree had become inexecutable. This plea found favour with the Executing Court and the decree was held to be in executable and the execution petition was dismissed. On appeal the District Judge, Poonch, his reversed the said decision of the executing court and has held the decree to be executable. It is against this order that the present second appeal is directed.