M.P.SINGH
NARESH KUMAR GUPTA – Appellant
Versus
3rd ADDL. DISTRICT JUDGE, BULANDSHAHAR – Respondent
( 1 ) THE basic question to be decided in the present petition is whether a revision under S. 25 of Provincial Small Cause Courts Act, can be decided in terms of the compromise.
( 2 ) THE undisputed facts are:- the petitioner has been a tenant of the shop situated in Bazar Bilari, District Moradabad at monthly rent of Rs. 210/- since 1977.
( 3 ) THE respondent No. 3 after terminating the tenancy filed J. S. C. C. Suit No. 24 of 1983 against the petitioner for ejectment and arrears of rent and damages for use and occupation. After contest, the suit was decreed on 5-1-1988.
( 4 ) THE petitioner filed revision under S. 25 of Small Cause Courts Act. During the pendency of the revision, the parties entered into a compromise. A compromise application dated 7-12-1988 duly signed by both the parties and verified by respective counsel, was filed before the revisional court. The contents of the compromise application, are not relevant at all for this court.
( 5 ) THE revisional court vide order dated 7-12-1988 while rejecting the said application, held : "the compromise cannot form a part of decree as no decree is prepared in revision. Rejected. " thereafter on 10th March, 198
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