R. Gururajan, J.—Defendants are Appellants before this Court. They are challenging the order dated 4.9.2000 passed on I As No. 1 and 2 in OS No. 1256 of 2000 by the VIII Additional City Civil Judge, Bangalore. The defendants are the landlords of the suit schedule premises and the Respondents were the tenants. An application was filed by the Appellant in HRC No. 1 of 1999 on the file of the Small Causes Judge, Bangalore. The said application filed by the Appellant-landlord for eviction of the residential premises was allowed and the tenant was directed to vacate and hand over vacant possession on or before 31.10.1999. The said order came to be passed pursuant to the compromise petition filed by the Appellants and the Respondents.

2. These being the facts of the case, the present Respondents filed a suit in OS No. 1256 of 2000 before the City Civil Court seeking for a declaration declaring that they are having an independent tenancy rights. They also sought for stay of the operation of the decree passed in HRC No. 1 of 1999, dated 6.2.1999 and also stay of the execution proceedings in Ex. No. 2778 of 1999. Appellants entered appearance and filed a detailed statement of objecti