N.D.OJHA, C.P.SEN, K.K.ADHIKARI
RAJEEV KHANDELWAL – Appellant
Versus
ARUN – Respondent
( 1 ) THE petitioner in his capacity as landlord of an accommodation of which the respondent was the tenant obtained a decree for eviction of the respondent and for arrears of rent under the provisions of the M. P. Accommodation Control Act, 1961. When the decree was put in execution, the respondent filed an objection purporting to be under Section 47, Code of Civil Procedure, asserting that he had made payment of the decretal amount out of Court to the decree-holder, that a compromise had been arrived at between the parties that the judgement-debtor shall deliver vacant possession of the accommodation to the decree-holder and that it will be again given to the judgement-debtor on an enhanced rent of Rs. 500/- per month, the earlier rent being Rs. 275/- per month. His case further was that he complied with the terms of the fresh agreement and that since he was now in possession over the accommodation in pursuance of fresh agreement of tenancy, the decree under execution had become inexecutable. The case of the petitioner in reply to the said objection was that he never entered into any agreement of fresh tenancy as alleged by the respondent, that no payment whatsoev
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