SUJATA KATARIA Vs. ROOP SINGH NAGAR

JUDGEMENT

(1.) THE challenge here is to the ad interim injunction granted to the plaintiff restraining the defendants from dispossessing him in pursuance of the order of ejectment passed against the plaintiff, by the rent controller.

(2.) A reference to the record shows that on September 10, 1985, an order for ejectment was passed against the plaintiff on the ground of non-payment of arrears of rent since July, 1982. When the plaintiff went up in appeal before the Appellate Authority, a compromise was entered into between the parties. This compromise was in the following terms : " the parties have come to terms. It is agreed that the ejectment order dated 10-9-1985 shall not be executed by the respondent against the appellant for a period of one year with effect from 9-11-1985. If the appellants pay a sum of Rs. 1,50,000/- to the respondent by 8-11 1986, the premises in dispute shall stand transferred to them, i. e appellants. If, however, the appellants do not make that payment, the respondent shall be entitled to execute the ejectment decree. " The appeal was, thereafter disposed of in terms of this compromise.

(3.) IT appears that the plaintiff did not pay the said amount of Rs. 1,50,000/- to the defendants and it is now stated at the bar that since the appeal and todate not amount has been paid by the plaintiff to the defendants even as arrears of rent for the demised premises. The defendant thereafter took out execution. The plaintiff filed objections on November 25, 1986. These objections to the execution of the ejectment order were dismissed on January 23, 1987. This order was then challenged in revision here in Civil Revision 1-48 of 1986 which was dismissed on February 2, 1987. It was thereafter that on March 20, 1987- The plaintiff filed the present suit seeking a decree for specific performance founded upon the compromise before the appellate authority. Alongwith it, an application for temporary injunction was also filed to restrain the defendants from executing the order of ejectment passed against the plaintiff by the rent controller.