ORDER

1. Leave granted.

2. The respondent was the tenant of one Shiv Narayan Chowdhury in respect of Premises No. 88, Chowk Bazar, Sultanganj, Bhagalpur on a monthly rent of Rs. 60. A suit for his eviction was filed by Shiv Narayan Chowdhury who died during the pendency of the suit in 1976 and was substituted by the present appellants.

3. Since the respondent did not put in any appearance in the suit, an exparte decree for eviction and arrears of rent was passed against him on 2-9-1978. The decree was put to execution in 1984 and an Execution Case No. 29 of 1984 was registered in which the respondent filed objections under Section 47 read with Order 21 Rule 2 CPC on 25-4-1985. These objections were registered as Miscellaneous Case No. 11 of 1985 in which it was set out that under an oral settlement with Appellant 2, made outside the court, he was allowed to stay in the premises in question as a tenant on a fresh tenancy on an enhanced rent of Rs. 150 p.m. He further pleaded that all previous dues were waived by Appellant 2 who accepted the rent at the enhanced rate and also granted receipts to him.

4. The appellants denied the agreement set up by the respondent and contended that the c