K.M. Natarajan, J.

1. This appeal is directed by unsuccessful defendant. The facts which are necessary for the disposal of this appeal can be briefly stated as follows: The respondent plaintiff filed the suit O.S. No. 3529 of 1988 before the VIII Assistant Judge, City, Civil Court, Madras, for recovery of possession of the premises bearing door No. 59, Harris Road, Egmore, Pudupet, Madras 2 and also for recovery of mesne profits. He further prayed for the relief of mandatory injunction to remove the wall and restore the gate and payment of arrears of rent upto January, 1988 amounting to Rs. 11,160. The defendant, who is the appellant herein, entered appearance through counsel. The suit was posted to 27.9.1989 for filing written statement and on that date, a memo of compromise signed by the plaintiff and the defendant was filed. The VIII Assistant Judge, City Civil Court, Madras, directed the matter to be called on 29.9.1988 and the parties were also directed to appear before court on 29.9.1988. Accordingly on 29.9.1988 the parties were present. They were heard. Since they had no objection for recording the compromise, the compromise was recorded and the suit was decreed in t