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1975 Supreme(Raj) 22

JAIN
M. N. Hasasingh & Co. – Appellant
Versus
Sardarmal Bardiya – Respondent


Advocates Appeared:
P.C. Bhandari, for Appellant; D.S. Shishodia, for Respondent

JAIN, J.—This is an execution second appeal by the judgment-debtor and directed against the order of the District judge, Jaipur City, Jaipur, dated 7th December, 74, dismissing the appeal and confirming the order passed by the Munsif (Execution Court) Jaipur City (East) on 8-10 1974 by which the objections filed by the judgment debtor were rejected. Sardar Mal Bardiya obtained a decree for eviction against the tenant-appellant from the Court of Munsif on 28-8 64 from the shop situate in Johari Bazar. The decree was confirmed in appeal on 18-1-66. It was urged by the judgment debtor in execution that on 13-5-70, during the pendency of the second appeal, the landlord namely Sardarmal Bardiya accepted rent for a period of 100 months and as such the decree could not have been passed and it cannot be executed. In support of the contention an entry in the Rokar of the judgment-debtor has been relied upon, which is alleged to have been signed by Sardarmal. The learned Execution Court held that the Executing Court cannot go behind the decree and he refused to consider the adjustment claimed by the judgment-debtor prior to the decision of the second appeal from the High Court. The learned C
























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