SRIMATHI KAUSHALYA DEVI Vs. K L BANSAL

JUDGEMENT

(1.) This appeal by certificate granted by the Circuit Bench of the Punjab High Court at Delhi is governed by the decision of this Court in Bahadur Singh vs. Muni Subrat Dass, Civil Appeals Nos. 2464 and 2468 of 1966, D/- 16-10-1968 (reported in (1969) 1 SCWR 51.)

(2.) The facts out of which the present appeal arises are these. One Raghunath Sharma, predecessor-in-interest of the appellants - hereinafter referred to as the plaintiff - instituted on February 7, 1956, suit No. 53 of 1956 in the Court of Sub-Judge 1st Class, Delhi, for the eviction of his tenant, K. L. Bansal, hereinafter referred to as the defendant. He gave three grounds for ejectment in the plaint: (1) that the premises were required bona fide by the plaintiff for occupation as residence for himself and other members of the family, and that he had no other suitable accommodation to meet his bona fide residential requirements; (2) that the defendant already owned a house in Delhi which was suitable for him; and (3) that the defendant had defaulted in payment of rent.

(3.) The defendant filed a written statement denying these allegations. Appropriate issues were framed on April 4, 1956. On June 5, 1956, an application was filed by the plaintiff and the defendant that a compromise had been effected on the following terms: