BHAGWAN DAS NASA Vs. AJIT SINGH

JUDGEMENT

(1.) THE order impugned before this Court is the order dated 07.07.2004 vide which the execution petition filed by the decree holder seeking execution of the decree dated 25.08.1977 had been dismissed.

(2.) BRIEF facts are that a suit for mandatory injunction had been filed by the plaintiff; decree for mandatory injunction had been passed on 25.08.1977. In terms of that decree, the defendant had been directed to demolish the unauthorized construction comprising of two rooms and a partition wall shown in yellow colour in the site plan Ex. PW-7/6. The judgment debtor had filed an appeal against that decree; a compromise was effected between the parties before the first appellate court; this was in terms of an application under Order 23 Rule 3 of the Code of Civil Procedure (hereinafter referred to as the `Code') filed by both the parties jointly for recording the terms of their compromise. The decree dated 25.08.1977 stood modified; in terms of the aforenoted compromise, the appeal was dismissed; the terms of compromise were contained in the application under Order 23 Rule 3 of the Code Ex. A-1. Ex. A-1 had recited that no further addition, alteration or construction in any part of the premises shall be made by the tenant; the tenant had further undertaken to pay a sum of `40/- per month w.e.f. 01.08.1978 for the use of the additional construction already carried out by him; further the landlord shall not revoke the license during the occupation of these premises and this arrangement would continue till such time that the said additional construction is removed by any Government authority. In terms of the aforenoted undertakings given, the judgment debtor had withdrawn his appeal. This was vide judgment and decree dated 05.12.1978.