SOM DUTT Vs. GOVIND RAM

JUDGEMENT

(1.) Special leave granted.

(2.) A suit for eviction was filed by the appellant on 13th November, 1969 against the tenants. One of the tenants was Bishandas (defendant No. 2) the father of respondent. It appears that the suit was decreed in 1975 by the trial Court on the ground of bona fide need of the landlord. Thereafter, an appeal was filed and in 1981 a compromise was recorded between the parties in the appeal. Even though Govind Ram was not a party to the said suit but in the application which was filed for recording of the compromise it was stated that Govind Ram who was the son of the tenant would remain in half portion of the land for a period of 10 years and that he and his heirs would vacate the premises on 31st December, 1990 and it was also stated that if they did not vacate, the landlord would be at liberty to take out execution proceedings for the possession of the land.

(3.) Honesty in transaction being at a discount, Govind Ram resiled from the undertaking which was given which led to the appellant filing an execution application. The said application was allowed but the High Court in revision reversed the decision of the executing court holding that the compromise did create a new tenancy in favour of Govind Ram.