HAKIM SAYED HUSSAIN Vs. V K JAIN

JUDGEMENT

(1.) The challenge in this petition is to the order dated 6th March, 1986 whereby the Sub-Judge, Delhi allowed an application under Order 47 passed by respondent No. 3 and set-aside the judgment and decree dated 12th April, 1985.

(2.) Briefly stated the facts are that the petitioner had filed a suit for recovery of arrears of rent in respect of the properly being Plot No. 268, opposite Bangle Wali Masjid, Basti Hazrat Nizamuddin, New Delhi measuring about 50 sq. metres. This suit was filed against Israr Ahmed who was the father of respondent No. 2 Irfan Ahmed. The said suit, which was filed on or about 7th December, 1973 was compromised on 21st July, 1977. Byvirtue of the compromise Israr Ahmed admitted himself to be a tenant of the petitioner at the rate of Rs. 30.00 per month and also admitted his liability to pay rent of Rs. 540.00 .

(3.) Israr Ahmed did not make the payment in terms of the compromise dated 21st July, 1977. Thereafter the petitioner, on or about 19/20th December, 1977, filed another suit against Israr Ahmed for his ejectment and recovery of arrears to the tune of Rs. 690.00 .