- (1.) THE present two first appeals have been filed by the defendants � appellants against a compromise decree dated 25.08.1999 passed by learned Additional District Judge, Abu Road, district Sirohi in Civil Suit No.52/96 (34/95) � Bal Mukund s/o Shri Chiranji Lal Agrawal vs. Smt. Archana Sabharwal & Shri Rakesh Sabharwal. The facts giving rise to the present two appeals in brief are as under : 2. Plaintiff Bal Mukund filed a civil suit for eviction against both the defendants (1) Smt. Archana Sabharwal wife of Shri Girish Sabharwal and (2) Shri Rakesh Sabharwal son of Shri J.N. Sabharwal,, in respect of the suit premises � a Cinema Hall situated at Abu Road, district Sirohi known as Mahaveer Talkies, which was let out to the partnership firm known as M/s. Marudhara Exhibitors, in which Smt. Archana Sabharwal was stated to be a partner and Mr. Rakesh Sabharwal had a separate firm known as M/s. Sudesh Pictures, Jaipur. Both the defendants are close relatives being Devar and Bhabhi. The said premises were let out to the defendants on 13.08.1990. The period of license under the said agreement commenced w.e.f. 01.02.1991 to 31.01.1996 @ Rs.18,000/- monthly rent and it was agreed that on 1.2.1996, the suit premises shall be handed over back to the plaintiff - landlord Bal Mukund. Since according to the plaintiff, the rent was not paid for quite some time, the arrears of rent of Rs.4,37,809.37p was due and therefore the suit was filed for eviction and recovery of arrears of rent and the said suit was registered on 17.10.1995. Both the defendants engaged one common Lawyer, namely, Advocate Shri Amrit Lal Shah and power on behalf of defendant Smt. Archana Sabharwal was filed on 14.11.1995, whereas on behalf of defendant No.2 Shri Rakesh Sabharwal, it was filed on 19.12.1995. Both the defendants even filed an application under Section 34 of the Arbitration Act and claimed that both the agreements dated 13.08.1990 and 08.01.1991 were executed by the defendant No.2 Rakesh Sabharwal, as power of attorney holder of defendant No.1 Smt. Archana Sabharwal and, therefore, by the said application under Section 34 of Arbitration Act dated 19.12.1995, it was prayed on behalf of the defendants that the dispute between the parties may be resolved by appointing an Arbitrator.
(2.) DURING the pendency of the said suit, the parties entered into a compromise and an application was filed by the parties before the court below on 25.01.1996 in which the defendants admitted the claims made by the plaintiff that there was a default of more than six months in payment of rent and that there was nuisance caused by the defendants and the change of use was there and also that the plaintiff needed the suit premises for bonafide need and against the arrears of rent up to the period dated 31.01.1996, the parties agreed that a sum of Rs.6,11,879/- was due to be paid to the plaintiff Bal Mukund, against which a Cheque of Rs.40,000/- drawn on State Bank of Bikaner and Jaipur, Abu Road Branch namely Cheque No.0050322 dated 30.01.1996 was given by defendant Rakesh Sabharwal to the plaintiff and the remaining sum of Rs.5,71,879/- was agreed to be paid in monthly installments and the first installment of Rs.15,000/- was to be paid on 20.02.1996. The possession of the suit premises namely, the Cinema Hall is said to have been handed over to the plaintiff on 01.02.1996 itself. However, the said cheque of Rs.40,000/- of Rakesh Sabharwal is said to have been dishonoured by the bank. The learned District Judge after verifying the said compromise between the parties on 25.01.1996, passed the decree in terms of the said compromise and in the order dated 09.02.1996 noting therein that the possession of the suit premises has been handed over to the plaintiff on 01.02.1996 and, therefore, relief Nos. 2, 3, 4 and 6 in the plaint is not pressed by the plaintiff, however, for remaining reliefs about money decree for arrears of rent, the matter was posted on 24.02.1996. The application dated 25.01.1996 for compromise was signed by the plaintiff Bal Mukund, defendant No.2 Shri Rakesh Sabharwal in his personal capacity as well as in the capacity of Power of Attorney holder of defendant No.1 Smt. Archana Sabharwal and both the parties were duly identified and the compromise application was also signed by respective Advocates Mr. Amrit Lal Shah for both the defendants and Mr. Pramod Kumar Dave for plaintiff Bal Mukund.
(3.) ON 24.02.1996, the defendant No.2 Shri Rakesh Sabharwal, however, filed an application before the Court below stating therein that the said compromise is not acceptable to the defendant No.2 and, therefore, money decree for arrears of rent to the aforesaid agreed extent may not be passed in the suit. The defendant No.1 Smt. Archana Sabharwal also filed an application on 24.02.1996 signed by the same Advocate Shri Amrit Lal Shah that she had not entered into any compromise and was not bound by the application / compromise dated 25.01.1996. The plaintiff Bal Mukund filed a reply to the said application and refuted these contentions and submitted before the court below that the compromise was signed by Shri Rakesh Sabharwal on behalf of both the defendants in his personal capacity as well as Power of Attorney of Smt. Archana Sabharwal and, therefore, both the defendants were equally bound by the said compromise.;