SHOREY LAL Vs. URMILA DEVI

JUDGEMENT

(1.) A protracted litigation does not seem to see the end of the day. A mutual settlement arrived between the parties is also sought to be set at naught on account of the dishonest intention of one of the legal heirs of the deceased tenant.

(2.) A suit was filed by Smt. Urmila Devi Jain / landlord against Shri Shorey Lal / tenant for recovery of rent and permanent injunction. Smt. Jain was the owner of property bearing No. 105, Darya Ganj, New Delhi. The suit was instituted on 30.07.1977 and continued for a long period of 27 years. Smt. Jain passed away and her legal heirs had been brought on record in 1998.

(3.) Finally, a compromise application was filed on 30.07.2004 in terms whereof the tenant was to enjoy the premises during his lifetime and thereafter the premises were to be surrendered by his son, Shri Harish Kumar Katyal to the respondents herein (legal representatives of the original landlord). The future rent was to be paid regularly and the landlords were not to take out any eviction proceedings against the tenant. This application was signed by the petitioner herein, son of Shri Shorey Lal as a token of acceptance of the agreed terms. The statement of the parties was recorded on the same date and after recording the statement of parties, the suit was withdrawn as compromised and a decree- sheet was directed to be prepared accordingly.