- (1.) Heard learned Counsel for the petitioner and Sri Ranjeet Saxena, learned Counsel for the caveator. This petition is directed against an order dated 19th March, 2010 by which an application for dismissing the Execution Case No. 12 of 2006 on the ground that the decree stood satisfied, has been rejected.
(2.) It appears that the petitioner was in possession of a shop belonging to Shree Shivji Virajman Mandir, Bagh Baij Nath situated at Agra. The trust having found that the petitioner was in unauthorised occupation after the earlier tenant had left, filed application under sections 16 and 21 of the Act for release of the disputed accommodation for opening a free ayurvedic dispensary in the disputed premises, which was allowed vide order and judgment dated 18th November, 2006 holding that the petitioner was an unauthorised occupant. The petitioner thereafter filed an appeal which was also dismissed by reasoned order upholding the findings of the prescribed authority vide order dated 20th December, 2006.
(3.) The petitioner challenged the said order in Writ Petition No. 42492 of 2008 and obtained an interim order. However, it appears that the Managing Trustee and the petitioner filed a compromise application before this Court stating that the Trust does not want to evict the petitioner and it was settled that the rent would be increased to Rs. 1,500/- p.m. etc. This Court dismissed the writ petition on statement of the parties on 1st of December, 2009 whereafter the application was filed by the petitioner in the execution case where the compromise application itself has been rejected.;