DALIP SINGH Vs. TIRATH RAM AND ORS. RESPONDENTS

JUDGEMENT

(1.) Dalip Singh has filed this appeal against the judgment and decree of the learned Additional District Judge, Chandigarh, dated 29th May, 1976, by which the objections filed by him were dismissed.

(2.) In order to appreciate the controversy raised before me, it would be appropriate to notice certain salient features of the case, which read as under.

(3.) Tirath Ram and others, respondents (decree-holders) brought a suit for the ejectment of the appellant on 1st July, 1969 from the ground floor of shop-cum-flat No. 5 Sector 27-C, Chandigarh and for the recovery of Rs. 300/- by way of damages for use and occupation of the premises in dispute. During the pendency of the suit, a compromise was arrived at between the parties, under which the appellant paid to the respondents an amount of Rs. 3,900/- by way of rent of the premises in dispute for the period 1st June, 1969 to 21st July, 1971 at the rate of Rs. 159/- per mensem. The appellant agreed to suffer a decree for ejectment, subject to the conditions that he would be allowed to remain in possession of the premises in dispute for a period of two years, i.e. till 31st July, 1973 when he would deliver possession of the premises to the respondents and in the event of his failure to do so, the respondents would be entitled to evict him through the agency of the Court. It was further agreed that the appellant would pay damages for the use and occupation of the premises in dispute at the rate of Rs. 150/- per mensem for a period of 1-1/2 years from 1st August, 1971 while thereafter for a period of six months he would pay at the rate of Rs. 200/- per mensem. The payment was to be made by the 10th of every month. The parties further agreed that in the event of the failure of the appellant to vacate the premises in dispute by 31st July, 1973, the respondents would be entitled to recover from the appellant damages for use and occupation for the entire period of two years, i.e. from 1st August, 1971 to 31st July, 1973, at the rate of Rs. 300/- per mensem. In the compromise it was also stated that the appellant would be free to vacate the premises at any time during the period of two years, and upon his vacating the same earlier, he would be liable to make payment till the date of vacation of the premises by him. The trial court on the basis of the compromise recorded in the scope of the statements made by Dalip Singh and the respondents, passed a decree for ejectment, subject to the condition that the respondents would not evict the appellant from the premises in dispute till 31st July, 1973.