HEM CHANDRA CHOWDHURY Vs. CHANDRA MOHAN NAMODAS

JUDGEMENT

(1.) This appeal arises out of proceedings in execution of a decree for rent.

(2.) It appears that the plaintiff decree holder claimed rent (in the awl) at the rate of Rs. 22 while the tenant pleaded that the rent of the holding was Rs. 13. The parties then settled the case; the defendants-took some additional lands, and for the entire land (the original area and the additional land) the rent was fixed at Rs. 22 per year. A decree was phased upon the compromise, but the Court did not comply with the provisions of Section 147-A of the Eastern Bengal and Assam Tenancy Act.

(3.) The decree-holder having applied for, the execution of the decree, the judgment debtor raised objection to the execution on the ground that the provisions of Section 147-A not having been complied with, the decree was incapable of execution. The decree-holder has appealed to this Court.