( 1 ) THIS appeal arises out of the judgment and order passed by Ramendra Mohan Dutta. J. on the 20th of March 1975. The facts material for the purpose of this appeal may be briefly indicated.

( 2 ) A suit was filed by the appellants as plaintiffs who happened to be the Trustees of a Trust known as Rai Bahadur Bissessurlal Motilal Halwasiya Trust for recovery of possession of premises No. 150b, Lower Chitpur Road, Calcutta. The defendants to the said suit were (1) Ramricklal Girdhardas, (2) Narsinghdas Haldia and (3) Naaz Cinema. The defendants were carrying on business in the said premises under the name and style of Naaz Cinema. The defendants also filed a suit against the Trustees and in the said suit the defendants had asked for a declaration that the defendants continued to be the tenants under the plaintiffs in respect of the said premises. Both the said suits were settled and terms of settlement were filed. It is necessary to set out the terms of settlement which were filed in the suit. The said settlement between the parties to the suit reads as follows:--"it is declared that the defendant No. 2 was never the tenant on the premises in suit and a decree is ma