BABULAL Vs. NATHULAL

JUDGEMENT

(1.) THIS is an appeal directed against the judgment, dated 25-11-1971, in Civil Regular Appeal No. 24 of 1971 arising out of the proceeding in execution passed in a suit for eviction under the Madhya Pradesh Accomodation Control Act, 1961, passed en the ground of section 12 (1) (a ).

(2.) THE plaintiff, who is the decree-holder respondent herein, brought a suit for eviction against the present appellant, who is the judgment-debtor-defendant, on the ground that there was a default by the defendant in payment of arrears of rent, within two months from the date of service of notice of demand on him. The suit was for Rs. 630 as rent + Rs. 247. 50 as mesne profits rs. 15. 50 as notice charges, totalling to Rs. 892. 00. This was compromised on. 6-11-1970 for a sum of Rs. 1,901, inclusive of costs, out of which Rs. 409 were paid in cash by the defendant-judgment-debtor. This fact was recorded in the compromise. The other terms of the compromise are reproduced verbatim hereunder:-<IMG>np_(1)_341_mplj_1976.jpg</IMG>

(3.) ON the basis of the aforesaid compromise, the decree incorporating all the terms of this compromise except one which shall be referred to hereinafter at the appropriate stage was passed.