MADANLAL Vs. HANSRAJ

JUDGEMENT

(1.) This revision is directed against the order dt. Aug. 23, 1980, passed by the Munsif, Hanumangarh, in execution case No. 21/1976, whereby on the report of the Assistant Nazir and on the application of the decree-holder, passed an order for issue of warrant of possession and for possession to be delivered to the decree-holder of the premises in question with the aid of police.

(2.) Before considering the revision petition on merits, it would be useful and profitable to note some material facts showing the context and the background in which the present revision petition came to be filed.

(3.) The decree-holder Hansraj instituted a suit No. 140/1970 for arrears of rent and eviction of the defendant Kashiram and others from the suit shop, which was decreed by the Munsif on 16-4-1973 and on appeal by Kashiram, a compromise decree was passed by the Additional District Judge, Sri Ganganagar, on Sept. 21, 1973, whereby the defendant Kashiram was allowed time up to June 30, 1976, to vacate the shop in question and deliver its possession to the plaintiff. The suit was dismissed against the defendant Ramgopal. As the tenant-judgment-debtor did not vacate and deliver the possession of the suit shop to the decree-holder in terms of the compromise, the decree-holder submitted an application for execution of the decree on Oct. 27, 1976. The judgment-debtor Kashiram filed objections under S.47, C.P.C., against the execution of the decree. His objections were ultimately dismissed and his revision petition No. 283/1980 was dismissed by this Court on Nov. 22, 1982.