JANAB A ABBUBUCKER Vs. MAI DE DEUS CHURCH

JUDGEMENT

(1.) This appeal by the plaintiffs, is directed against the judgment and decree dated 22-1-75 passed by the Prl. Civil Judge, Mangalore S. K. in RA No. 198 oi 1971, on his file, confirming, the judgment and decree dated 25-11-71 passed by the Munsiff, Puttur, in O.S. No. 439 of 1968, on his file, dismissing the suit of the plaintiffs.

(2.) The plaintiffs instituted a, suit for possession of shop numbers 5 and 6 in the newly constructed building of defendant-1. Defendant- 1 earlier, instituted a petition for eviction of the present plaintiffs as tenants in the, then suit building with a view to demolish and reconstruct the building. That ended in a compromise and in the compromise decree, inter alia, it was specifically stated thus:

(3.) The landlord resisted the suit on the ground that there was nothing in the compromise memo that stops constructed in the same place, as occupied by the plaintiffs earlier, would be let out to them. On the other hand, as quoted above, the landlord was to offer shops having dimension of not less than 200 sq. feet. Thus, the choice was left entirely to the landlord after construction to offer whatever shop in the building having dimension of not less than 200 sq. feet. '