JUDGEMENT Pathak, C.J.:- This is a tenants revision petition under paragraph 35 of the Himachal Pradesh (Courts) Order, 1948 against an order of the learned District Judge, Solan vacating an interim injunction granted by the learned Subordinate Judge, Solan.

2. On December 1, 1969 the landlord of shop No. 243, Chowk Bazar, Solan, filed an application under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as "the Act") for the eviction of the tenant from the shop. On May 25, 1970 the Rent Controller framed a number of issues. Before any evidence could be recorded, the parties entered into a compromise on July 29, 1970 under which the tenant agreed to vacate the accommodation after one and a half years. A statement was made by the tenant before the Rent Controller setting out the terms of the compromise. On the same date, the Rent Controller passed an order of eviction in terms of the compromise. In the result the tenant was to vacate the premises by February 1, 1971.

3. On March 16, 1972 the tenant filed a suit for a declaration that the order dated July 29, 1970 of the Rent Controller was a nullity and he could not be evicted. The tenant also filed an

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