D TIRUPATI RAO Vs. B GOPAL RAO

JUDGEMENT

(1.) THIS revision is directed against the order dated 22.7.1982 passed by learned Munsif, in M.J.C. No. 7 of 1982, dismissing the petitioner's application under Section 47 read with Section 151 C.P.C.

(2.) THE following facts are not in dispute. The petitioner is a Monthly tenant under the opposite party in respect of a house in Jeypore town which belongs to the opposite party. The opposite party filed House Rent Control Case No. 11 of 1976 in the Court of the House Rent Controller, Jeypore, against the petitioner for eviction. The ground on which eviction was sought was that the petitioner was a willful defaulter in the matter of payment of house rent and as such liable to be evicted under Section 7 of the Orissa House Rent Control Act, 1967 (hereinafter referred to as the 'Act'). On 10.8.1979 the petitioner and the opposite party filed the following joint compromise petition : 'COMPROMISE PETITION FILED BY BOTH PARTIES RESPECTFULLY SHEWETH: - That both parties have agreed and compromised to the terms and conditions as laid down below:

(3.) IN this context it would be useful to refer to the following decisions of the Supreme Court where points similar to the ones arising in this case had been considered and decided. The first case is A.I.R. 1970 S.C. 838 -Smt. Kaushalya Devi and Ors. v. K.L. Bansal. In that case on the basis of a compromise petition filed by the parties, the Court recorded the following order :