SOHANLAL Vs. MADSETTI KISTAIAH

JUDGEMENT

(1.) THE tenants are the revisionists here. Aggrieved by an order made by the Rent Court resulting in dismissal of the Execution Petition filed by them, this revision petition is filed. A compromise was arrived at in rent proceedings initiated earlier by the respondent-landlord herein were under the tenants were to vacate the premises and after reconstruction within five months the premises were to be handed over to the tenants with a term that the rents will be enhanced and the premises will be vacated after 3 years. Based on that the tenants filed the E.P., which is rejected by the Executing Court on the ground that the said compromise is registerable and since this is wanting the E.P., cannot be entertained. The tenants relied on a decision of the Supreme Court in Naibahu v. Lala Ram Narayan, AIR 1978 S.C. 22, which on all fours applicable to the case on hand and wherein it is held :-

(2.) WHEREAS for the contra position the learned counsel for the respondent relied upon the decision in Sumati Bai v. Ananth, A.I.R. 1949 Bom. 402, wherein it is held :-