NAI BAHU Vs. LALA RAMNARAYAN

JUDGEMENT

(1.) This appeal, by special leave, is directed against the judgment of the Madhya Pradesh High Court of August 19, 1970. The facts and circumstances in this appeal disclose the highly tortuous nature of litigation between the landlord and the tenants. To highlight this aspect we may briefly state the facts.

(2.) A suit was filed by the appellant on February 17, 1959, for eviction of the respondents (tenants) from a three-storeyed premises. The tenants resisted the claim and trial proceeded in which, after the close of the plaintiff"s case, the tenants examined two witnesses and the suit was adjourned for their further evidence to July 12, 1960. On that day a joint compromise petition was filed settling the matter. Statement of counsel on both sides was recorded by the court on the same day and an order was passed on the following day, namely, July 13, 1960 and a decree was passed in terms of the compromise. Without referring to the details of the terms of compromise at this stage, it may be stated that the decree of eviction was executable only after five years.

(3.) Five years passed. The appellant took execution on July 21, 1965. The execution was resisted by the tenants. They set up a plea of adjustment under Order 21, Rule 2, Civil Procedure Code. The said objection was rejected by the court on December 10, 1966. An appeal against the said order was also rejected on July 13, 1967. A second appeal by the tenants was dismissed by the High Court on Sept. 27, 1968. Thus the first litigation regarding plea of adjustment of the decree terminated in the High Court on Sept. 27, 1968.