( 1 ) BY this petition under Art. 226 of the Constitution of India the orders D/-16-5-88 passed by the III Additional District judge, Moradabad and the order D/-13-8-87 passed by the Munsif, Chandausi, Moradabad, on the application under O. 21, R. 97, C. P. C. (for short the Code) filed by the decree-holder, respondent 3 in a suit for ejectment from the accommodation in dispute are sought to be quashed.

( 2 ) THE petitioner is son of the Sheo Shankar, who was a party to the suit No. 241/66 filed by respondent No. 3 for the ejectment of Sheo Shankar and one more person. That suit was decreed on the basis of a compromise (43-Ka ). To execute that decree an application was filed by respondent 3 (Execution Case No. 200/72 ). In that application prayer was that the ejectment of judgment-debtor may be effected and the amount in the decree may be paid to decree-holder. Parwana Dakhal was issued. On that the Amin made a report that without the assistance of police no effective execution can be carried out on the spot by ejectment of the judgment-debtor. On 25-3-82 the execution application was dismissed. Appeal against that order also failed. Thereafter matter was taken to t