- (1.) This revision petition is directed against the order of the Munsif, Jodhpur City, dated 25.9.1980, in execution case No. 8 of 1979.
(2.) The facts giving rise to the present revision petition may, briefly, be stated as under :
(3.) A suit for fixation of standard rent was instituted by respondent No. 1 and it was prayed in that suit that the rent of the disputed shop be enhanced from Rs. 25/- to Rs. 37.50. This suit was dismissed by trial Court on 3.6.1972 on the ground that the temple was a public trust, which was not registered. The first appellate Court, however, decreed the plaintiff's suit on 25.7.1947 in the following terms :- "The plaintiffs suit for increase of rent is decreed with costs in toto and the increases shall be due and recoverable after the end of the month in which the notice is issued." A revision petition was preferred against the decree of the first appellate Court by the defendants, but the same was dismissed. Thereafter the plaintiffs filed execution application and in that execution prayed for the recovery of Rs. 5,287.50 on account of rent from Samat. 2024 to 2035. An objection was raised by the defendant-judgment-debtor that the decree was merely a declaratory decree and after arrears of rent the said decree is inexecutable. The plaintiffs in the suit for standard rent paid a fixed Court-fees of Rs. 10/-. The learned executing Court, after hearing the parties, rejected the judgment-debtor's objection. Dissatisfied with that the judgment-debtor has preferred this revision petition.;