MAHESH GROVER, J. - (1.) THE petitioner has assailed the order dated 20.3.1999 of the Appellate Authority, Ludhiana, which was passed on the strength of a compromise effected between the parties.
(2.) BRIEFLY stated the facts are that the petitioner, who is a tenant under the respondent-landlord on a part of the premises in question at the rent rate of Rs. 30/- per month, faced eviction proceedings initiated by the latter under Section 13 of the East Punjab Urban Rent Restriction Act,1949 (for short, 'the Act') on the ground that the building has been materially impaired by him. Rent Controller, Khanna accepted the petition filed by the respondent vide his order dated 5.10.1995 and directed the petitioner to vacate the demised premises within one month from that date. In appeal, the petitioner agreed to vacate the premises subject to the condition that the respondent paid him Rs. 7000/- within two months. The joint statement of the petitioner and the legal representative of the landlord was recorded by the Appellate Authority on 20.3.1999 which is to the following effect :- "We have compromised. The appeal be dismissed on the condition that Rs. 7000/- will be paid by the respondent to the appellant within two months and the premises will be vacated within two months. On payment of this amount, the premises will be vacated. If amount is not paid premises will not be vacated and if amount is paid and premises is not vacated the same can be got vacated by execution of ejectment order passed and the appellant will also be liable to pay rent @ at the admitted rate from the date it is due till the date of vacation."
(3.) PURSUANT to the above statement, the impugned order was passed by the Appellate Authority, which is reproduced below :- "As per the statement of the parties, appeal is dismissed. The statement of the parties have been recorded separately according to which Rs. 7000/- will be paid by landlord to tenant within 2 months and premises will be vacated on that payment. Otherwise the premises will be got vacated on the strength of ejectment order already passed and tenant will be liable to pay rent at the admitted rate due at that time. Lower court file be returned. File of this court be consigned." ;