( 1 ) THIS revision petition was heard by a learned Single Judge of this Court and after hearing the case the learned Judge felt that the question referred to us needs the decision of a larger Bench. Consequently the matter has been placed before us.

( 2 ) THE question referred is: -" whether on the facts and in the circumstances of this case the judgment-debtor can resist the execution of the decree without any application being made by him under Order. 21 Rule 2 CPC and the adjustment and/or satisfaction of the decree being recorded by the court, which passed the decree?"

( 3 ) THE facts necessary to dispose of this matter are that the petitioner obtained a decree for ejectment against the non-applicant in Civil Suit No. 7/66-A. This decree was passed on 6-5-1986. The decree was for ejectment and arrears of rent. On 7th July, 1976, this decree was put into execution with prayer for eviction of the non-applicant. The non-applicant raised certain objections to the execution by saying that the decree-holder had obtained possession of the decretal premises and after having obtained possession thereof the decree-holder entered into a fresh agreement with the non-applicant and l