SHIKHARCHAND Vs. BARI BAI

JUDGEMENT

(1.) THIS is an appeal by the defendants from the judgment and decree of the Court of Second Additional District Judge, Jabalpur under Order 12, Rule 6 of the Code of civil Procedure.

(2.) THE subiect matter of the suit is a Cinema House formerly known as 'gulab talkies' and now 'central Talkies' Jabalpur. The said house belongs to the plaintiffs and the defendants-appellants have been in occupation thereof under a registered lease deed dated 26-1-1950 on a monthly rent of Rs. 800/- for a period of 9 years commencing from 26-1-1950. According to the plaintiffs the lease expired on 251-1959 but as the defendants failed to vacate in spite of notices the plaintiffs filed a suit for eviction of the defendants and for arrears of rent etc.

(3.) THE suit was resisted by the defendants appellants on various grounds. The defendants admitted that according to the terms of the lease it was to expire on the 25th January, 1959 but they pleaded that on 2-1-1959 there was a fresh agreement between the parties according to which the plaintiffs agreed that the cinema House would be leased out for a period of 10 years on the same terms and conditions as before except that the monthly rent would be enhanced to Rs. 850/ -. The plaintiffs further agreed to execute and register a deed of lease and pending execution and registration thereof the defendants were to continue in possession as tenants holding over on a monthly rent of Rs. 800/- and were not liable to be evicted. On the basis of this agreement for renewal of the lease the defendants filed a cross suit for specific performance of the agreement. During the pendency of the suit the defendants filed an application under Order 23, Rule 3 of the Code of Civil Procedure on 24-9-1964 that the suit was compromised between the parties in 1963 and Rs. 12,000/- were paid to the plaintiffs in pursuance of the compromise. The principal terms of the compromise were that the defendant shall pay rent at the rate of Rs. 850/- per month starting from 26-1-1959 and will execute a fresh lease deed for a period of ten years starting from the 26th january, 1959 on the same terms and conditions as before.