V. NATH, J.

1. Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioners.

2. The dismissal of the execution case by the executing court below which was filed by the petitioner for execution of the order passed in the proceeding for fixation of rent by the House Controller has been challenged in this revision application.

3. The facts noticeable in the present context are that the order was passed by the house controller under the provisions of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'BBC Act') fixing the quantum of the fair rent of the premises in occupation of the opposite parties. It appears that the order passed by the house controller was affirmed by the appellate authority. Thereafter the Execution Case No. 12 of 2000 was filed by the petitioner for executing the order passed by the house controller in view of the provision as postulated under Section 23 of the BBC Act. However, the tenant-opposite party raised an objection to the maintainability of the execution case in view of the decision of this Court in the case of Sunil Kumar Gami v. Jogendra Mahto 2012(2) PLJR 659, contending that the or