LEHRI BAI Vs. BHERU LAL

JUDGEMENT

(1.) This revision petition under Section 115 CPC is directed against the order dated 20.2.2003 passed by the executing court, whereby objections filed by the petitioner under Section 47 read with Section 151 CPC have been dismissed.

(2.) Brief facts of the case may be noticed thus : the respondent-decree-holder filed Civil Original Suit No.164/1980 on 16.10.1980 seeking eviction of the petitioner-tenant from the suit premises and for arrears of rent. The suit was filed on the ground of default in payment of rent, denial of title and reasonable and bonafide necessity under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 ('the Act of 1950'). The suit was set ex-parte against the petitionerdefendant on 27.7.1983 and the same was decreed ex-parte on 27.8.1983. While passing the judgment, the learned trial court noticed the fact of the suit being proceeded ex-parte against the defendant and thereafter held as under:-

(3.) It appears that thereafter an application under Section 152 CPC was filed by the decree-holder on 9.11.1984, which was accepted and decree was amended on 1.12.1984. An application for execution of the decree dated 27.8.1983 (as amended on 1.12.1984) was filed by the respondent-decree-holder on 15.5.1996 and the same was numbered as Execution Case No.16/1997.