MANEKSHAW RUSTOMJI MEHTA Vs. A N JIJINA

JUDGEMENT

(1.) THIS revision application is filed by the petitioners, who are described in the application as plaintiffs, against an order passed on January 31, 1967 by the Judge in the Court of Small Causes at Bombay permanently staying the execution of the warrant of possession ordered to be issued in an ejectment application filed by the pre-decessor-in-title of the petitioners, one Mrs. Mehroo M. Mehta against the opponents.

(2.) THE ejectment application was filed on November 4, 1963 alleging that the opponents were licensees in respect of one of the rooms in Block No. C on the second floor of Mistry Buildings, Balaram Street, Grant Road Bombay No. 7. It was stated in the application that Mrs. Mehroo Mehta was the daughter of Mr. and Mrs. B. M. Maoji who lived in the said block and that the deceased Maoji had given the room in question to the opponents under an agreement of leave and licence. The said Maoji died on November 8, 1959 and the license was terminated by a letter addressed by an advocate on behalf of Mrs. Mehroo M. Mehta on July 27, 1963. The said application was resisted by the opponents on several grounds and the matter was adjourned from time to time till a compromise was arrived at between the parties.

(3.) THE parties filed the consent terms on August 23, 1966 and on that very day, an order was passed in terms of the said compromise directing the defendants to vacate the application premises by December 31, 1966, pay half court costs and Rs. 21. 25 professional costs, subject to conditions in Cls. 2 and 3 of the consent terms which were as under :--