Sikri, J. - (1.) This appeal by certificate granted by the Circuit Bench of the Punjab High Court at Delhi is governed by the decision of this Court in Bahadur Singh vs. Muni Subrat Dass, Civil Appeals Nos. 2464 and 2468 of 1966, D/- 16-10-1968 (reported in (1969) 1 SCWR 51.)
(2.) The facts out of which the present appeal arises are these. One Raghunath Sharma, predecessor-in-interest of the appellants - hereinafter referred to as the plaintiff - instituted on February 7, 1956, suit No. 53 of 1956 in the Court of Sub-Judge 1st Class, Delhi, for the eviction of his tenant, K. L. Bansal, hereinafter referred to as the defendant. He gave three grounds for ejectment in the plaint: (1) that the premises were required bona fide by the plaintiff for occupation as residence for himself and other members of the family, and that he had no other suitable accommodation to meet his bona fide residential requirements; (2) that the defendant already owned a house in Delhi which was suitable for him; and (3) that the defendant had defaulted in payment of rent.
(3.) The defendant filed a written statement denying these allegations. Appropriate issues were framed on April 4, 1956. On June 5, 1956, an application was filed by the plaintiff and the defendant that a compromise had been effected on the following terms: " (a) Decree for ejectment be passed in favour of the plaintiff against the defendant, the decree will be executable after the 31st December, 1958 if the defendant does not give possession till then. (b) The standard rent of the premises be fixed at Rs. 40 per mensem, instead of Rs. 50 paid at present payable from the 1st July, 1956, till the defendant vacates the premises. (c) The amount in deposit with this Court be paid to the plaintiff which will be adjusted between the parties." On July 6, 1956, the counsel for the parties and the plaintiff made a statement on solemn affirmation to the same effect, and on the same day, the Court recorded the following order: "In view of the statement of the parties counsel and the written compromise a decree is passed in favour of the plaintiff against the defendant." The decree was drawn up accordingly.;