ASHA DEVI Vs. BHAGAT RAM

JUDGEMENT

(1.) This revision is directed against the order dated 10.10.2001, passed by learned Senior Sub Judge, Solan in case No. 8/10 of 1999. Petitioner is the landlady and is being referred hereinafter as such. Respondent was inducted as a tenant and is also being referred to herein-after as such.

(2.) Brief facts giving rise to this case are that premises described as shop No. 1, detailed in agreement dated 1.3.1992 (entered into between the parties) was let out for a period of seven years. Agreement to this effect was entered into between the parties, a copy whereof is on the file as Annexure PI A. After entering into this agreement, Petitioner filed an application before the Rent Controller for taking his permission for letting out the said premises to the Respondent. This resulted in passing of the order dated 6.3.1992 by the Rent Controller below. Copies of the application for permission, statement of the parties and order of the Rent Controller are annexed as Annexures PIB, PIC and PID respectively.

(3.) It appears that after some time tenant started carrying on vegetable business in the premises in question, as such landlady filed a suit for declaration and injunction. This was registered as case No. 142/1 of 93 and copy of the plaint is Ex. P2/A. It seems that during the pendency of the suit parties entered into a memorandum of agreement vide Annexure P2/B, which was followed by statements of the counsel for the parties vide Annexure P2/C. In terms of this memorandum of agreement and statement of learned Counsel for the parties recorded vide Annexure P2C, trial court decreed the suit. 4-5. This memorandum of agreement was referred to as compromise in the judgment as Ex. PI. It was to form part of the decree. Terms of this agreement, Annexure (Ex. P-1) are as under: