KALLOO Vs. UHAKADEVI

JUDGEMENT

(1.) This appeal by special leave is by the judgment-debtors. The material facts which are not in dispute may be stated thus:

(2.) The predecessor of the respondents (hereinafter referred to as 'the decreeholder') filed a suit for eviction of the predecessor of the appellants (hereinafter referred to as 'the judgment-debtor') and obtained a decree on 21-3-1960, inter alia, for eviction from a shop. The decree-holder filed a petition for execution of the decree for eviction in the executing Court on 3-1-1961. The petition was dismissed on 20-1-1961. A fresh petition for execution was filed on 19-1-1965. It was also dismissed on 20-3-1965. The decree-holder again filed an application for execution of the decree on 22-6-1966. During the pendency of this execution proceeding, the parties filed a compromise petition on 31-3-1968. The terms of the compromise on the interpretation of which the result of this appeal depends were as follows:

(3.) It is also not in dispute that at the time of the compromise, half of the shop had been vacated and its possession delivered to the decree-holder as stated in the compromise petition. In order to appreciate the intention of the parties to the compromise, it is also necessary to refer to the order dated 21-3-1968 recorded by the execution court on the basis of the compromise. The material para of the order is para 3 and it is in the following terms: