HAFIZ MOHAMMAD Vs. BANSHIDHAR NANDKISHORE

JUDGEMENT

(1.) This appeal arises out of execution proceedings.

(2.) Briefly stated the facts of the case are that the decree-holder appellant filed a suit for eviction and arrears of rent on 24-10-1961 in respect of a shop fully described in para 1 of the plaint. The plaintiff sought eviction on two grounds: firstly, that he required the premises reasonably and bona fide for his own business and secondly, that the defendant-tenants had committed three defaults in payment of rent within a period of 18 months. The defendants resisted the suit and filed their written statement on 18-1-1962 denying all allegations made against them.

(3.) On the pleadings of the parties, the trial court framed issues on 30-7-1962 and adjourned the case to 1-8-1963 for plaintiff's evidence. The plaintiff landlord was examined on 1-8-1963. He examined two more witnesses on 412- 1963; thereafter closed his evidence and the case was adjourned for defendants' evidence. Several adjournments were sought by the defendants to produce evidence. Ultimately, the parties arrived at a compromise on 30-11965. The terms of the compromise are as follows:- ..(VERNACULAR MATTER OMMITED)..