- (1.) Whether the decree dated April, 23, 1992 passed by the trial Court in Regular Suit No. 60 of 1989, filed under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, called 'Rajasthan Rent Act') directing the eviction of the petitioner is a nullity and as such inexecutable, is the only question that falls for decision in this revision
(2.) This question arises in the following circumstances- (i) The decree-holder-non-petitioner filed an execution petition against the judgment-debtor-petitioner for executing the decree for eviction passed in connection with property in question and requested that the judgment-debtor-petitioner be ousted from the property by a warrant of possession. (ii) The judgment-debtor-petitioner submitted an application under Section 4 read with Section 151, CPC, mentioning therein that the decree passed in case No. 69/89, dated 23rd April, 1992 was not executable as description of the property stated in the plaint and in the compromise was different. Another objection with regard to executability of the decree was that it was passed on the basis of compromise by the Court, without satisfying itself as to the existence of the grounds of eviction under the Rajasthan Rent Act as such it was a nullity.
(3.) The executing Court dismissed the application of the judgment-debtor-petitioner vide its order dated 23rd August, 1996. Against the said order action for filing this revision has been resorted to. ';