JUDGMENT

Syed Shah Mohammed Quadri, J.- These appeals, by special leave, are directed against the common order of the High Court of judicature at Madras passed in C.R.P. Nos. 2705 and 2706 of 1996 on June 19, 1997 confirming the order of the Small Causes Court at Madras (Executing Court) dated February 20, 1995.

2. The appellant is the owner of premises Nos. 31 and 32, measuring four thousand feet, of Namasivaya Chetty Lane, Madras (for short, the suit premises ) and the respondent is the tenant on a monthly rent of Rs. 5,000/-. The appellant filed eviction petition (R.C.O.P. No. 2852 of 1989) under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 for eviction of the respondent, which was decreed ex parte on May 2, 1990. The appellant (decree holder) filed E.P. No. 459 of 1990 in the Small Causes Court at Madras for execution of the said ex parte decree to have the respondent (judgment-debtor) evicted from the suit premises. During the pendency of the execution proceedings the parties entered into a compromise outside the court on November 7, 1990. Pursuant thereto, the respondent surrendered possession of the front portion of Door No. 32, measuring 840 square feet, and for