JUDGMENT

SHARMA, J.:- Special leave is granted.

2. The appellant is the daughter and heir of Shripat Tukaram Jadhav, since deceased, who was in possession as a tenant of a portion of a building belonging to the respondent No. 3. The respondent filed a suit for eviction of Shripat on the ground that he needed the building for demolition and for reconstruction of a new one, which was disposed of by a compromise between the parties. According to the consent decree the tenant had to vacate the premises, and the respondent-landlord undertook to complete the reconstruction of the new building with a reasonable period and "to give possession of an identical (equal) area as in the original premises to the defendant, on a, monthly rental and the defendant will have a right to an identical area in the new building". The decree further stated thus:-

"The right of the defendant to an identical area is an essential condition to this compromise".

Accordingly the tenant vacated the premises in 1966 and the respondent No. 3 proceeded with the erection of the new building. However, the essential term of the compromise, entitling the tenant to the equivalent area therein was not respected by the respon