Sudhir Agarwal, J. - (1.) Heard Sri A.K. Singh, learned counsel for the petitioner and learned Standing Counsel for respondents no. 1, 3, 4, 5 and 6.
(2.) This writ petition is directed against the order dated 02.08.2005 passed by Prescribed Authority/Additional Civil Judge (Senior Division), Court No. 14, Allahabad in M.P.A. No. 01 of 2002 deciding petitioner's Applications No. 21B and 24B observing that the compromise entered between erstwhile tenant, Justice M.C. Desai subsequently represented by his daughter, Smt. Sneh Lata Patel was only in respect to part of disputed accommodation, i.e., Bungalow No. 57, Daya Nand Marg, Allahabad and not for entire premises of said Bungalow and hence those who are occupying the outhouses of said premises cannot be directed to be evicted pursuant to compromise decree entered between parties.
(3.) Learned counsel for the petitioner drew my attention to Clauses 2, 3, 4, 5, 6 and 14 of aforesaid compromise dated 15.02.1979 to demonstrate that it was in respect to entire premises and not for a part thereof. The distinction was that the residential portion of Bungalow was vacated immediately on entering the compromise and rest of the part was agreed to be vacated after expiry of 20 years or earlier at the option of tenant itself. In my view he is right in saying so. The aforesaid clauses read as under: "2. That the opposite party admits the present bonafide requirement of the applicant in respect of the part of the main residential bungalow shown in red, and marked by letters ABCDEFA, in the attached map of the main residential building, the map forming part of this compromise, and, subject to the terms and conditions laid down herein below, the opposite party agrees to the release of the aforesaid part of the bungalow in favour of the applicant. 3. That the aforesaid part of the bungalow which may be released in favour of the applicant as aforesaid comprises of a bed room, a dressing room, a bathroom and a covered verandah. The opposite party agrees to vacate this part of the building within one month of the passing of orders by the Prescribed Authority in terms of this compromise. 4. That as regards the remaining part of the bungalow and premises subject to the terms and conditions laid down below, the opposite party agrees to vacate the same at the end of the 20th year from the date on which orders are passed upon this application in terms of this compromise failing which the opposite party or any person claiming under him shall be liable to be evicted through court. In case, however, the opposite party decides to vacate this remaining portion at his option only earlier he agrees he will deliver possession of the same to the applicant on so vacating this remaining accommodation. 5. That the opposite party after delivering the possession of the above mentioned part (mentioned by letters ABCDEFA) to the applicant will pay @ 225/- p.m. as rent for the remaining accommodation so long as he remains in possession of it. 6. That subject to the terms and condition laid down in this compromise application the opposite party has no objection to the release of the remaining portion of the accommodation, the release to be effective only upon the expiry of the above stated period of 20 years, or earlier at the option only of the opposite party in the event of opposite party deciding to leave Allahabad for good. 14. That the map annexed hereto shows only the main residential bungalow of the premises no. 57 (new), Maharshi Dayanand Marg, Allahabad. The portion to be vacated in a month is shown in the map in red and is marked by the letters ABCDEFA. The remaining portion of the main bungalow together with the whole of the remaining premises at No. 57, Maharshi Dayanand Marg, Allahabad, shall form part of the premises to remain in possession of the opposite party for the aforesaid period of 20 years from the date of the passing of orders on this application of compromise. The door between the bedroom of the portion to be vacated in a month and the existing drawing room shall be included in the accommodation left in the opposite party's possession for 20 years as also the northern wall of the small room to the west of the drawing room and to the south of the Veranda attached to the bedroom to be vacated within a month.";