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1974 Supreme(All) 214

G.C.MATHUR
Ganesh Prasad Varma – Appellant
Versus
Goverdhan Dass – Respondent


Advocates:
H.B. Singh and Shanti Bhushan, for Applicant; P.N. Kaushik, V. Swarup and J. Swarup, for Opposite Parties.

Judgement

ORDER :-This is a revision by the judgment-debtor against the order of the Second Civil Judge, Kanpur, rejecting his objection that the execution of the decree was barred by Section 11 of the Court-fees Act.

2. The applicant was a tenant of premises known as "Jai Hind Cinema Building" at Kanpur and the contesting opposite parties were the landlords thereof. The landlords filed a number of suits against the tenant of which Suit No. 70 of 1958 was for ejectment, for recovery of arrears of rent and for mesne profits for use and occupation. The other suits were for recovery of arrears of rent, for mesne profits for use and occupation for certain periods and for recovery of insurance charges. The disputes in all the suits were settled by a compromise dated October 7, 1966 which was filed in Suit No. 70 of 1968 and all the suits were decreed in terms of this compromise. Under the compromise, the plaintiff decree-holder was awarded :

(i) A decree for the ejectment of the judgment-debtor from the premises with a stipulation that the judgment-debtor will hand over possession by December 31, 1972;

(ii) A decree for Rs. 83,473 for damages or compensation for use and occupation of the pr






























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