- (1.) THIS revision petition has been filed by the decree-holder Daya Nand Arya Girls High School, Karnal, against order of the Executing Court dated August 12, 3989, whereby objections filed by the judgment-debtor were accepted and execution application was dismissed.
(2.) THE ejectment of the respondent was ordered. The petitioner decree-holder filed execution case No. 37 of 1982 wherein a compromise was entered into on August 23, 1982 The judgment debtor paid a sum of Rs. 2,000/- and argeed to pay Rs. 10,960/-, arrears of rent for the period November 1, 1973 to August, 1982 in instalments to the decree holder. The first instalment of Rs. 1500- was payable on October 7, 1982. It was agreed that on failure to make payment of the instalment the decree holder was to get the tenant ejected in due course law The judgment-debtor did not pay the installments for a couple of years Thus execution application was filed. The judgment-debtor filed objections inter alia stating that on payment of Rs. 3,400/- in lumpsum the tenancy stood renewed on January 18, 1 83. The decree-bolder admitted the payment of Rs. 3,400/ but denied existence of new tenancy. Father of the objector Shri Notan Dass had asserted creation of new tenancy on payment of Rs. 3,400/ -. His objections were dismissed. On the pleadings, the Executing Court framed following issues :-~ (1) Whether the decree is not executable as alleged ? OPD (2) Whether the present objection petition is not maintainable?; OPD (3) Whether the objector/applicant has no locus standi to file and maintain the present objection petition ? OPDH (4) Whether objection petition is abuse of the process of law ? If so, its effect ? OPDH. (5) Relief.
(3.) UNDER issue No. 1 it was held that on payment of Rs. 3,400/- on January 18, 1983 the payment of arrears of rent stood discharged and fresh tenancy came into existence. The eviction order dated March 17, 1975 thus could not be executed. In view of this finding issue Nos. 2 and 4 were decided against the decree holder. In the result the execution application was dismissed and objections filed by the judgmentdebtor were accepted.;