SHYAM LAL BALIGH Vs. MUNSIF, KASYA, DEORIA

JUDGEMENT

(1.) BY means of this writ petition the petitioner has prayed for a writ of mandamus directing the respondent No. 1 to execute the compromise decree passed by the IIIrd Addl. District Judge, Deoria, dated 11th April, 1988 in accordance with the terms of the compromise arrived at between the parties keeping in view the sketch map 34-GA which forms part of the decree.

(2.) THE petitioner is a tenant of shop No. 5. The landlord respondent No. 2 had filed an application for release of the said accommodation in proceedings under Section 21(1)(a) of U.P. Act No. XIII of 1972, on the ground of bonafide need for the same which was allowed by the Prescribed Authority. Feeling aggrieved the petitioner went up in appeal before the learned Additional District Judge where both the parties arrived at a compromise and as would appear from the perusal of the order passed by the IIIrd Additional District Judge, Deoria that the landlord would hand over shop No. 8 to the petitioner after closing the door in the northern wall of shop No. 8 permanently and the landlord would also close the door in the eastern wall of shop No. 8 and will remove the wash-basin. The other terms of the compromise are noted in the order passed by the IIIrd Additional District Judge, Deoria dated 11th April, 1988 and after the necessary alterations and additions have been done in the shop No. 8 the same shall be handed over to the petitioner and in lieu thereof the petitioner would vacate his shop No. 5 in favour of the landlord. Hence the dispute between the parties ended in terms of the compromise arrived at between the parties.

(3.) NOW the grievance of the petitioner is that without complying with the terms of the compromise as indicated in the order passed by the Additional District Judge, Deoria dated 11th April, 1988, the petitioner is being forcibly evicted from his shop No. 5 and asked to go to shop No. 8 and the petitioner's contention is that before his vacating shop No. 5 and shifting to shop No. 8 certain alterations and additions have to be made in shop No. 8 by the landlord as indicated in the order passed by the IIIrd Additional District Judge but without making the necessary alterations and additions, the landlord is trying to forcibly evict the petitioner from shop No. 5 which will be contrary to the terms of the agreement arrived at before the IIIrd Additional District Judge Deoria. It goes without saying that if the decree passed by the IIIrd Additional District Judge, is to be executed, it has to be executed in terms of the compromise arrived at between the parties as is clear from the order passed by the Additional District Judge. It is also clear from the perusal of the order passed by the IIIrd Additional District Judge that certain closure of the doors on the northern wall, eastern wall and other walls have to be made by the landlord before the landlord can execute the decree in pursuance of which the petitioner is to vacate shop No. 5 and move to shop No. 8. Hence a writ of mandamus is issued to the learned Munsif to execute the decree in accordance with law and in accordance with the terms of the compromise arrived at before the IIIrd Additional District Judge Deoria keeping in view the map which forms part of the decree.