- (1.) Heard learned Counsel for the petitioner and Sri A.K. Sachan appearing for respondent No. 3. J.S.C.C. Suit was filed by the landlord-respondent No. 3 seeking ejectment and arrears of rent against the petitioner-tenant. The matter was referred to Lok Adalat where the parties entered into a compromise and the dispute was decided on the basis of the compromise. According to the terms of the compromise the rent was enhanced from Rs. 400/- to Rs. 800/- per month and in case of default, the plaintiff-landlord was entitled to recover the same and eject the tenant-petitioner. When the petitioner failed to comply with the terms of the compromise and did not make payment of the rent, landlord-respondent No. 3 filed a execution case. An objection under section 47 of the Act was filed by the petitioner, which was rejected. Aggrieved, the petitioner went up in revision, which was also dismissed.
(2.) It has been urged by learned Counsel for the petitioner that once the decree has been passed on the basis of the compromise as such the same could not have been put to execution and in case there is a default, it is open to the landlord-respondent to have given notice terminating the tenancy and filed a suit for ejectment. In support of the contention, reliance has been placed on a Apex Court decision in the case of Bibekananda Bhowal (Dead) by L.Rs. v. Satindra Mohan Deb (Dead) by L.Rs., 1996 AIR(SC) 1985
(3.) In reply, learned Counsel for the landlord-respondent No. 3 has tried to justify the impugned order.;