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1961 Supreme(P&H) 72

D.FALSHAW
Jagan Nath Pershad Jhalani – Appellant
Versus
Jatinder Nath Prem Nath – Respondent


Judgment

D.Falshaw, J.

1. These two revision petitions (Nos. 301-D and 426-D/ 1960) have been filed under Section 35 of Delhi and Ajmer Rent Control Act, 1952, in the following circumstances. The petitioner Jagan Nath Pershad Jhalani was occupying about a one-half of the house No. 24, Barakhamba Road, New Delhi, as a tenant of Prem Nath. The latter died and some time after his death a suit was instituted by his three sons, Jai-tender Nath, Rajeshwar Nath and Vishwa Nath, and his widow Shrimati Indra Devi for the ejectment of the petitioner on the ground of their personal requirement of the premises in suit for their own occupation. The suit was contested by the tenant but after 8 witnesses had been examined in support of the plaintiffs case on the 21st of April, 1956, the parties made a joint statement which reads--

"The parties have compromised. A decree for ejectment in favour of the plaintiffs against the defendant may be passed not to be executable before the 30th of September, 1958. The parties will bear their own costs."

On the basis of this statement the court passed a decree for ejectment, which was declared not to be executable before the date fixed.

2 When, however, the de












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