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1996 Supreme(Raj) 735

KULDIP SINGH, S.SAGHIR AHMAD
Sultana Begum – Appellant
Versus
Prem Chand Jain – Respondent


Advocates Appeared:
Rajinder Sachhar, Sr. Advocate, R.P. Singh & Suman Kapoor, Advocates, for Appellant V.M. Tarkunde, Sr. Advocate, S.K. Jain & Pratibha Jain, Advocates, for Respondent

Honble AHMAD, J. – Appellant before us is the landlady of the premises,``Pink City Hotel, Mumtaz Bagh, Jaipur, which was in occupation of the respondent as a tenant against whom a suit for eviction on various grounds including default in payment of rent,sub-letting, as also for bona fide requirement was filed, which ultimately ended in a compromise on 16.9.1991 . The compromise decree which was passed on that date provided that the respondent would vacate the premises and hand-over its possession to the appellant or to her attorney,Ramesh B.Sharma,by 10th of February, 1992, and that he would pay rent @ Rs. 3,100/- per month from the date of the suit till the date of delivery of possession.

(2) Since the premises were not vacated by the respondent and its possession was not handed over to the appellant in terms of the compromise decree, she filed an application for execution which was resisted by respondent by means of objections filed under Section 47 of the Code of Civil Procedure, in which it was pleaded by him that possession of the premises in question was handed over to Ramesh B.Sharma on 31.10.1991 who, however, allowed the respondent to remain in possession of the premises as






























































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