AJAY BHARDWAJ Vs. SANDEEP SAHANI

JUDGEMENT

(1.) The petitioner herein/tenant/JD, stands, aggrieved by an order, of, dismissal, made by the learned trial Court, upon, his application cast under Order 14, Rules 1, and, 2 of the CPC, (a) where through, the latter strived for striking of an issue, appertaining to the maintainability of the execution petition, as, instituted before the learned executing court, obviously, by the decree holder/landlord/respondent herein.

(2.) The afore striving, was, anvil led, upon, the strived elicited evidence, hence, appertaining, to, an espoused struck issue, and, appertaining, to, the , the readiness, or willingness or otherwise, of each, of the contesting parties, to mete deference to the covenants, as, carried, in, the compromise decree. The entire fulcrum of the lis, is, squarely rested, upon, an allusion being made to the compromise deed, embodied in Ex. C-1, entered into, inter se, the the decree holder/landlord, and, the judgment debtor/tenant, and, in consonance wit herewith, the learned Rent Controller concerned, pronounced an order, on, 14.12.2015.

(3.) The apposite clause (e) of compromise deed, borne in Ex. C-1, reads as under:-