JUDGMENT

Chelameswar, J.

1. Leave granted.

2. The appellant filed civil suit under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the "Act") for eviction of the respondent and recovery of arrears of rent. On16.4.2002 the suit came to be decreed ex parte. The said decree came to beset-aside on an application filed by the respondent with a direction to file the written statement and also deposit the entire arrears within 30days in the court.

3. On 25.7.2004 a compromise memo signed by both the parties came to be filed under which the respondent acknowledged his liability to pay arrears of rent to the appellant to the tune of Rs.11710/- and also costs quantified to Rs.4000/-. The respondent also agreed to pay the amount within a period of six months. It was also specifically agreed as follows: "H. If the defendant violates any of the aforesaid conditions, the plaintiff shall be entitled to get the vacant possession of suit accommodation from the defendant wherein defendant shall have no objection."

4. In view of the said compromise, the matter was referred to the lokadalat and the civil suit was decreed in terms of the compromise.

5. On 21