1. THE plaintiff/opposite party filed Title Suit no. 21 of 1972 in the Fifth Court of the learned Munsif at Alipore, 24-Parganas against the petitioner for eviction and recovery of possession of the entire one storeyed building being portion of premises no. 12a. Hern Chandra Street', Calcutta on the ground of default in making payment of rent since May, 1971. The said suit was contested by the petitioner by filing written statement denying and disputing the material allegation made in the plaint. In the said suit the petitioner also made an application under section 17 (2) read with section 17 (2a) of the West Bengal Premises Tenancy Act, 19. 56 inter alia, denying and disputing the relationship of landlord and tenant between the parties. Subsequently a petition of compromise was filed signed by both the parties on or about August 6, 1974 in the said suit. In the said petition of compromise it was stated inter alia, that the petitioner had admitted that he was a tenant in respect of the entire 12 A, Hem Chandra Street, Calcutta, that the petitioner also admitted that he was a defaulter in payment of rent since May, 1971; that the opposite party was entitled to get a decree