BATA INDIA LTD Vs. BIMAL CHAND JAIN

JUDGEMENT

(1.) A. K. Banerji, J. The aforesaid revision under Section 25 of the Provincial Small Cause Courts Act has been filed against the judgment and decree dated 11-11-1992 passed by the Additional District Judge (Special Judge), Rampur in J. S. C. Suit No. 11 of 1982.

(2.) THE facts in brief are that the defendant is a tenant of a shop in Bazar Safdarganj, Rampur, of which the plaintiff is the landlord. THE plaintiff had initially filed Suit No. 175 of 1971 against the defendant which was decreed by the trial Court on 24- 3-1972. Civil Appeal No. 9 of 1972 was preferred against the said decree by the tenant. During the pendenty of the appeal, a compromise was arrived at between the parties and it was agreed that the plaintiff would let out the shop to the defendant for a period of 10 years beginning from 1-4-1972 at a monthly rent of Rs. 400 and the plaintiff would construct a room on the first floor and after the construction of the room, it would be let out to the defendant at a monthly rent of Rs. 100. It was also agreed that after the expiry of 10 years, if the lessee so desired a new lease could be executed for a period of 5 years on the terms mutually agreed between the parties. THE compromise was reduced to writing and signed by the parties and filed before the Court. THE District Judge decided the appeal in terms of the compromise and it was ordered that the compromise would form part of the decree.

(3.) I have heard Sri Radhey Shyam and Sri R. S. Saxena, learned Counsel for the defendant-applicant and Sri A. S. Saran, learned Counsel for the plaintiff opposite party. I have also perused the record of this case.