B.C.Chakrabarti, J. - (1.) These three appeals are directed against a common judgment dated Aug. 24, 1974 by which three miscellaneous cases, arising out of three objections under Section 47, C. P. Code were disposed of.
(2.) Facts are not very much in dispute. The appellants instituted three ejectment suits in the City Civil Court, Calcutta for eviction of the respondents from different portions, of premises No. 125, Canning Street, now known as 125, Biplabi Rash Behari Road, Calcutta, which the respondents held as tenants under the plaintiff-appellants. They are Ejectment Suits Nos. 1129/65, 1130/65 and 1138/65, The grounds upon which the claims for eviction were founded were default in the payment of rent and reasonable requirement of the landlord for purposes of building and rebuilding. There was an additional ground in suit No. 1129/65 namely that the tenant had illegally and unauthorisedly sublet portions of the tenanted premises. All the three suits were decreed on compromise shortly after the defendants entered appearance. They did not file any written statements. The terms of the compromise were identical in all the cases and the material part of it runs as follows:-- "1. That the above suit be decreed with costs by consent of parties on the following terms and conditions:-- (a) That the defendant will vacate the suit premises within one month from the receipt of the notice from the plaintiffs, (b) That the defendant will pay up all arrears of rent, if any, within one month from the date and current damages to the plaintiffs, month by month within the fifteenth of the following month at the existing rate of rent. (c) That if the defendant fails to vacate the suit premises after receipt of the notice from the plaintiffs as mentioned in Clause (a) above or fails to pay up all arrears of rent and current damages within the period mentioned in Clause (b) above, the plaintiffs will have the liberty to execute the decree and take possession of the suit premises through court. (d)' That the plaintiffs will have the liberty to withdraw all monies from court deposited in the above suit to their credit,"
(3.) In one of the suits there was a minor defendant and permission was sought for entering into compromise on behalf of the minor defendant.;