Judgement

UNTWALIA, J.:- This appeal by special leave has been filed by the tenant-defendants. The plaintiff-respondents, the landlords, filed a suit against the appellants in the Court of Second Civil Judge, Class II, Gwalior for a decree for eviction from the suit premises and for certain other reliefs. The appellants eviction was sought on statement of facts mentioned in paragraph 3 of the plaint which squarely fell within clause (f) of sub-section (1) of Section 12 of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act ). The appellants filed a written statement and in paragraph 3, they denied the respondents assertion to plaint, paragraph 3. It appears that the suit which was filed in the year 1966 proceeded to trial in October, 1967 and some evidence was adduced. But eventually, the parties entered into a compromise, filed a petitions to that effect in the Trial Court which passed a decree for eviction and other reliefs in January 1968 in accordance with the terms of the compromise, Pursuant to the said compromise decree the appellants were to vacate the shop the suit premises - by 31-12-1970. On their failure to do so, execution was levie