JUDGMENT:- This appeal is by the judgment-debtor and arises out of an execution case.

2. The material facts are as follows :

The respondent (Plaintiff-decree holder) obtained an ex parte decree in the Court of the Munsiff, Goalpara, in Title Suit No. 401 of 1967 for eviction of the appellant from, and recovery of khas possession of, certain house and premises situated in the Bongaigaon town in the District of Goalpara and also for rents at the rate of Rs. 200/- per month. The respondent filed Title Execution Case No. 17 of 1972 in the Court of the Munsiff, Goalpara, for the execution of the said decree. The appellant filed an objection under Section 47 of the Code of Civil Procedure (hereinafter called the Code) against the execution of the decree. His objection was that he had never agreed to pay to the respondent rent at the rate of Rs. 200/- per month; that he had filed Misc. Case No. 7/67 against the respondent in the Court of the Munsiff for fixing fair rent and the Munsiff fixed fair rent at Rs. 65/- per month; and that he paid the rents in full at the rate of Rs. 65/- per month from May, 1967 to October, 1972 by challans into the Treasury and issued notices to the res