TEJ CHADDHA Vs. SIDESHWARI

JUDGEMENT

(1.) THIS is a judgment-debtor's appeal arising out of the judgment dated 8-5-1972 of the 1st Temporary Civil and Sessions Judge, Kanpur, confirming the order dated 18-12-1971 of the Execution Court (Munsif City), Kanpur, rejecting the appellant's objections under Section 47 of the Code of Civil Procedure.

(2.) THE respondents (decree-holders) filed a suit (No. 357 of 1962) under Section 3 (i) (a) of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 (U. P. Act No. Ill of 1947) (hereinafter referred to as the Act) for the ejectment of the appellant who, admittedly, was the tenant of the res pondents of the premises in suit. After issues had been framed in the suit, the par ties entered into a compromise and under Order XXIII, Rule 3 of the Code of Civil Procedure the decree in question was passed on 7-1-1966 in terms of the compromise. Under the compromise the parties agreed that the judgment-debtor (appellant) will vacate the premises by 31st of December, 1970 and that till then the judgment-debtor shall pay Rs. 125.00 per month as damages for occupying the premises. If the judg ment-debtor failed to vacate the premises by the 31st of December, 1970, the decree-holders will have a right to execute the dec ree and get the judgment-debtor evicted.

(3.) THE learned counsel for the judg ment-debtor-appellant in support of this con tention mainly placed reliance on the ob servations made by this Court in Kanhaiya Lal v. Umraro Singh, 1958 All LJ 640 and Ram Agyan Singh v. Murlidhar Agarwal, 1971 All LJ 79. The attention of the Court was also drawn to the observations made by the Supreme Court in Smt. Kaushalya Devi v. K. L. Bansal, AIR 1970 SC 838.