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8. He would submit that the order of eviction in HRC proceeding bears testimony to the fact that issue like relationship of landlord and tenant, rate of rent was gone into and decided finally. He would submit the plaintiff was entitled to the benefit of the order of eviction but for the declaration that Section 31 of the Act is unconstitutional. He would further submit, because of such declaration, decrees obtained by the landlord under the provisions of the Rent Act had become inexecutable, necessitating filing of souit in terms of the judgment in the case of SURESH BABU .vs. SMT.SUSHEELA THIMMEGOWDA (ILR 1998 KAR 3885 [supra]). Thus the defendant-landlord could not raise any objection in the suit for ejectment or in execution of the order of eviction passed in his favour.