J P GOYAL Vs. AJEET KAUR

JUDGEMENT

(1.) This order will also dispose of C.C.P.No. 41 of 1984. C.C.P. No. 13 of 1984 has been filed by the landlord while C.C.P. No. 41 of 1984 has been filed by the tenant and these petitions arise out of the same compromise and the statements made by the parties before the Addl. Rent Controller.

(2.) The premises in dispute were leased to the respondent under section 21 of the Delhi Rent Control Act for a period of three years commencing from 1-7-1976. The period of tenancy was to expire on 30-6-1979. As the premises were not vacated, the landlord filed a petition for warrants of possession in July 1979. The tenant filed certain objections. During the trial of those objections, the Addl. Rent Controller came to the conclusion that the landlord had not given any reasons for creating tenancy for a limited period either in his application or in his statement and as such the petition had to be decided after recording evidence of the parties as regards the requirement of the landlord. He accordingly fixed the case for recording of the petitioner's evidence for 30-5-1980 and for recording evidence of the respondent for 4-7-1980. During the course of the trial, the parties entered into a settlement and an application fur compromise duly signed by the parties and their counsel was filed before the Addl. Rent Controller. The terms of settlement, according to the application were:-

(3.) In view of the settlement, the Addl. Rent Controller passed the order on 20-3-1981 whereby be dismissed the application filed by the landlord in view of the compromise and directed that the warrants of possession shall not be executed before 31-12-1983. It was further directed that both the parties shall be bound by their statements.