SATYA PRASAD BARUA Vs. REJAUR RAHMAN AND OTHERS

JUDGEMENT

(1.) The order dated 27.09.2013 passed by the learned Munsiff No.2, Kamrup, Guwahati in Title Execution Case No.12/2007 in Misc. Case No.292/2013 has been called in question in the present revision petition by the decree holder.

(2.) The decree holder herein was a tenant under the judgment debtor with respect to a shop room measuring 746 sq. ft. in an Assam Type house located at Ulubari Chariali in Guwahati. The judgment debtor being landlord wanted to demolish the house for making reconstruction and this is how a dispute arose between the landlord and the tenant. It led to institution of Title Suit No.131/2001 as well as Title Suit No.275/1997 in the Court of learned Civil Judge (Junior Division) No.2 at Guwahati and ultimately both the suits were compromised by the parties. Accordingly a compromise decree was passed on 25.06.2003. The compromise petition filed by the parties containing the terms of compromise was made a part of the decree. The said decree, inter alia, contained the following provisions : -

(3.) As per the compromise decree referred to above the judgment debtor was supposed to hand over vacant possession of 345 sq. ft. of the shop room at the ground floor with a height of 18 ft. in the manner as suggested in the compromise deed along with mezzanine floor within a period of seven months. The construction was made by the judgment debtor but according to the decree holder he was not handed over 345 sq.ft. area at the ground floor. According to the decree holder, he was only handed over 319 sq.ft. area and so he was still entitled to remaining space of 26 sq.ft. floor area of the ground floor. Apart from that, Clause 12, Clause 18, 19 and 22 were also not complied with by the judgment debtor. Under such circumstances, execution case was instituted by the judgment debtor with a prayer for complete execution of the compromise decree referred to above.