Judgment

G.B. Pattanaik, J.-Leave granted.

2. This appeal is by the landlord against the order dated 22nd August, 1996 passed by the Karnataka High Court in HRRP No. 1769 of 1995 arising out of HRC No. 66 of 1994. The appellant-landlord filed the aforesaid HRC case under Section 21(1)(j) of the Karnataka Rent Con­trol Act against the tenant-respondent in respect of the premises in question. The aforesaid proceeding was ultimately disposed of on the basis of a compromise entered into between the parties and the terms embodied in the compromise petition dated 22nd April, 1994 formed a part of the decree of the court. In accordance with the aforesaid compromise decree the tenant delivered the vacant possession of the tenanted premises and the landlord was permitted to demolish and reconstruct a new building thereon. It was also stipulated in the compromise that the tenant will be accommodated in the two shop rooms measuring 200 sq. ft. each on the ground floor soon after the new construction is over and be further accommodated in two shop rooms measuring 200 sq. feet each in cellar floor for the purpose of godown after the construction is over. Clause (5) of the compromise decree dealt