Judgment

HEGDE, J.:- This appeal by special leave arises from the decision of the High Court of Punjab and Haryana in Civil Revision No. 189 of 1966 on its file. (Reported in ILR (1968) 1 Punj 621). The respondent is the owner of a Cinema House. That Cinema House had been leased to the appellant. The respondent filed an application under Section 13 (2) (i) of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act 3 of 1949) for the ejectment of the tenant on the ground of non-payment of rent. That application was dismissed by the Rent Controller. Against that order the respondent went up in appeal. At the same time there were several other litigations between the appellant and the respondent. By an agreement dated January 7, 1964, the appellant and the respondent settled all their pending disputes excepting one Regular First Appeal pending in the High Court of Punjab and Haryana. One of the disputes pending at that time was an application made by the appellant to the Rent Controller for fixing as fair rent for the Cinema House in question As per the agreement the respondent was required to withdraw the appeal filed by him against the order dismissing his application to ej