Judgement

MITTER. J. :- This is an appeal by special leave from a judgment of the High Court of Gujarat passed in a Civil Revision Application arising out of a suit filed by the plaintiff-respondent against the defendant-appellant to recover possession of certain premises situate in Surat.

2. The facts are as follows. The appellant became a tenant of the respondent under a rent note executed on February 27, 1947 whereby rent was fixed at Rs. 40 per month and the tenancy was to be for period of one year from 22nd February, 1947. After the expiry of the said period, the appellant continued as a monthly tenant on the same terms and conditions as were to be found in the rent note. He fell into arrears of payment of rent and the respondent sued him for eviction some time in 195l. The suit was eventually compromised by a petition put in court bearing date September 16, l952. Under the terms of the compromise, the defendant continued as a tenant from September l, 1952 on the terms and conditions of the rent note dated February 27, 1947 : the original conditions in respect of rent also continued excepting that the rate was lowered from Rs. 40 .....................to quote the words of the co