MANMOHAN Vs. SMT. MAINA BAI AND OTHERS

JUDGEMENT

(1.) This revision petition under S. 115, Code of Civil Procedure is directed against the order dated 6-2-1996 passed by the learned Civil Judge (Junior Division), Abu Road whereby the preliminary objections raised by the decree-holder-petitioner against the application dated 15-3-1991 moved by the judgment-debtors-non-petitioners were rejected.

(2.) The facts necessary to be noticed for the disposal of this revision petition briefly stated are that decree-holder-petitioner owns Hotel Saurashtra at Shivaji Marg, Mount Abu. He gave the aforesaid Hotel on contract basis to judgment-debtor-non-petitioner Nanji Bhai for a period of 11 months. However, the said contract was renewed from time to time. It is alleged that the suit premises required urgent repairs and, therefore, the decree-holder-petitioner asked Nanji Bhai to vacate the same so that necessary repairs could be carried out but the latter did not agree.

(3.) The judgment-debtors-non-petitioners, therefore, filed a civil suit for permanent injunction against the decree-holder-petitioner in the Court of the learned Munsif, Abu Road, inter alia seeking directions against the decree-holder-petitioner that he may be restrained from evicting the judgment-debtor-non-petitioner from the suit premises except in accordance with the law. However, during the pendency of the above suit, a compromise was arrived at between the parties, in the following terms: