JUDGMENT - V.K. BARDE, J.:---The facts leading to this writ petition are as follows:

The trustees of N.M. Petit Charity Fund filed Ejectment Application No. 155/E of 1967 in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 1947 against Mrs. Meherbai B. Irani for possession of the premises given on leave and licence. In the said proceedings, a settlement took place between the parties and consent terms were filed before the Court of Small Causes and an order in terms of the consent terms was finally passed in the said matter.

The relevant consent terms read as under :

"1. Ejectment application allowed and the respondent is ordered and decreed to handover quiet, vacant and peaceful possession of the application premises to the applicants.

2. However, on the respondent regularly paying the licence fee and upon his giving an undertaking to the effect that he would not transfer, sub-let, under let and/or in any way part with possession of the application premises and further that he would abide by the terms and conditions enumerated by the applicants, the execution of the aforesaid decree to be stayed.

3. The respondent further agrees and under

Click Here to Read the rest of this document