Ashwani Kumar Mishra,J.

Respondent's predecessor in interest, Goverdhan instituted Small Causes Suit No. 3 of 1992, with the allegation that house has been constructed by him upon Plot No. 382/1, over which the petitioner Guru Dayal is a tenant and as he has failed to pay rent, therefore, a decree of eviction be passed against him. This suit has been decreed on 06.12.2003, and appeal filed against it, has also been rejected. The decree has been put in execution. An objection has been filed by the petitioner judgement debtor, Guru Dayal under Section 47 of Code of Civil Procedure, which has been rejected. Thereafter, Guru Dayal has filed a suit for cancellation of decree dated 06.12.2003 passed in SCC Suit No. 3 of 1992 with the allegation that Goverdhan's father had already executed transfer deed, in respect of his entire share over Plot No. 382 in the year 1973 itself, and he was left with no right, title or interest over any portion of land of Plot No. 382, and therefore, the decree itself be declared illegal and void. Such suit was originally instituted in the year 2008, but the same was subsequently withdrawn with the permission to file a fresh, and thereafter Original