PARSHAV NATH JAIN MANDIR TRUST Vs. AVTAR SINGH

JUDGEMENT

(1.) The present revision petition has been filed by Defendant Parshav Nath Jain Mandir Trust being aggrieved by the order dated 12/1/2011, whereby, the learned trial court has rejected its application under Order 7 Rule 11 Code of Civil Procedure for rejecting the civil suit filed by the Plaintiff tenant Avtar Singh seeking specific performance of the compromise entered into between these two parties in an earlier eviction suit filed by the Defendant Trust as landlord against the present Plaintiff, who was Defendant tenant in that suit.

(2.) In eviction suit No. 113/2005 filed before the Rent Tribunal, Jodhpur, a compromise was arrived at between the parties that the Defendant tenant would handover the possession of the plot of land in his possession as tenant measuring 45'x65' to the Plaintiff landlord and in turn after construction of shop measuring 12'x25'on the portion of said plot shall be given back to the Defendant tenant on the tenancy of Rs. 200/- per month, which rent would be subject to increase in accordance with the provisions of Rent Control Act, 2001. Accordingly, the said suit No. 113/2005 (Parshav Nath Jain Mandir Trust v. Avatar Singh) was disposed of by the learned trial court on 7 /7/2005.

(3.) The present suit No. 184/2006 was filed by the Plaintiff Avtar Singh before the learned trial court with the case that instead of shop measuring 12'xa25' with mezzanine floor, the Defendant landlord has given him possession of only shop measuring 10'x20' and, therefore, the Defendant Trust should handover the possession of remaining area so that compromise decree dated 7/7/2005 passed in the earlier eviction suit may be fully and substantially performed by the Defendant Public Trust.