Advocates:
['ARVIND SRIVASTAVA', 'HEMANT KUMAR', '', 'PRADEEP KUMAR KESHRI']

Court No. - 18

Case :- S.C.C. REVISION No. - 58 of 2022

Revisionist :- Dr. S.S Samriyar

Opposite Party :- Sheo Kumar Mishra

Counsel for Revisionist :- Arvind Srivastava

Counsel for Opposite Party :- Hemant Kumar,Pradeep Kumar Keshri

Hon'ble Ajit Kumar,J.

Heard Sri Arvind Srivastava, learned counsel for the revision

applicant and learned counsel for the contesting respondent land

lord.

By means of present revision petition, petitioner has

challenged the order passed by the executing court vide order dated

15.4.2022 whereby objection of the petitioner filed under Section 47

of the CPC has come to be rejected.

Two fold of arguments have been advanced by learned counsel

for the revision applicant:

a. The Small Causes Court since accepted a compromise on

the basis of affidavit in decreeing the suit wherein new terms and

conditions of the tenancy between landlord and the tenant were set

up, , such a compromise decree would not be executable in absence

of any such agreement being registered; and

b. The court was not competent to entertain a suit and in the

event any such compromise lease got executed afresh to become a

part of decree then such decree would be declaratory only in