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ROHIT ARYA
Dushyant Singh Chauhan – Appellant
Versus
Lakhan Singh Rathore – Respondent
1. This revision petition under section 115 of the CPC by the landlord/petitioner/defendant is directed against the order dated 29.4.2014, whereby the executing Court on an application filed by the respondent/plaintiff has issued warrant of possession.
2. The facts relevant and necessary for disposal of this revision petition are that the respondent/plaintiff/tenant had filed a suit for injunction seeking relief of protection against the forcible dispossession. The suit was decreed on 28.4.2011.
3. Having the apprehension of forcible dispossession despite the aforesaid decree, respondent/plaintiff moved an application under Order 21 rule 31 of CPC. The application was contested. In reply to the application, petitioner/defendant denied forcible dispossession. Instead, it was submitted that the respondent himself has vacated the suit premises in lieu of Rs.60,000/- paid to him, as such, it is incorrect to say that the defendant was forcibly dispossessed.
4. Trial Court by the order impugned had issued warrant of possession with the finding that the petitioner/defendant failed to establish that he had tendered Rs.60,000/- and received by the respondent/plaintiff. Thereafter, the res
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