A.N.Verma, J. - (1.) This petition is directed against concurrent orders passed by the courts below dismissing an abjection filed by the petitioners against the execution of a decree obtained by the respondents Nos. 3 to 5 against petitioner No. 2.
(2.) These are the facts : The respondents Nos. 3 to 5 as the owners and landlords of the accommnoda-tion in dispute--of which the petitioner No. 2 Lakshman Das was the tenant --filed a suit for the ejectment of the latter as well as for recovery of arrears of rent and mesne profits. The said suit was decreed by the court of the learned Civil Judge, Shahjahanpur in September, 1973. Lakshmao Das, petitioner No. 2 preferred an appeal. During the pendency of the appeal, the parties entered into a compromise which was recorded on 9-1-1974. The material terms of the compromise were that the plaintiffs would not execute their decree for ejectment for a period of four years i.e. up to 31-12-1977. During this period, the defendant Lakshman Das was to pay Rs. 13 per month as damages for use and occupation of the premises, besides the Municipal Tax due in respect of the premises in suit If, however, the defendant-appellant Lakshman Das, his two brothers Saheb Ram and Arjun Lal wished to continue In possesr-sion of the premises after 31st December, 1977 as tenants thereof on a monthly rental of Rs. 20, they might give a writ-tea notice within one month prior to 31st December, 1977 to the plaintiff-landlords conveying to them their said intention so to continue in occupation of the premises as tenants and in that event the plaintiff-landlords would let out the premises to the three brothers upon their execution of a rent note. If, however, the said three brothers did not give such a notice the plaintiff-landlords would be at liberty to execute their Adecree.
(3.) Admittedly, the defendant Lakshman Das and his brothers did not give the aforesaid notice to the plaintiff-landlords within the stipulated period. They, however, gave a written notice dated 3rd of December, 1977 conveying their intention to take the premises on rent upon the terms mentioned in the compromise.;