SUSHIL CHANDRA SUR Vs. SADHANA BAKOBI

JUDGEMENT

(1.) These three appeals are directed against a common judgment dated Aug. 24, 1974 by which three miscellaneous cases, arising out of three objections under Section 47, C. P. Code were disposed of.

(2.) Facts are not very much in dispute. The appellants instituted three ejectment suits in the City Civil Court, Calcutta for eviction of the respondents from different portions, of premises No. 125, Canning Street, now known as 125, Biplabi Rash Behari Road, Calcutta, which the respondents held as tenants under the plaintiff-appellants. They are Ejectment Suits Nos. 1129/65, 1130/65 and 1138/65, The grounds upon which the claims for eviction were founded were default in the payment of rent and reasonable requirement of the landlord for purposes of building and rebuilding. There was an additional ground in suit No. 1129/65 namely that the tenant had illegally and unauthorisedly sublet portions of the tenanted premises. All the three suits were decreed on compromise shortly after the defendants entered appearance. They did not file any written statements. The terms of the compromise were identical in all the cases and the material part of it runs as follows:--

(3.) In one of the suits there was a minor defendant and permission was sought for entering into compromise on behalf of the minor defendant.