( 1 ) THIS is tenants writ petition arising out of suit for eviction filed by respondent No. 3 Anand chand Man Singh (since deceased and survived by Legal Representatives) against petitioner shiv Shanker Awasthi (since deceased and survived by Legal Representatives ). The suit was registered as Suit (S. C. C. Suit) No. 34 of 1981. The main ground taken in the suit for eviction of the tenant was material alteration. Earlier also, an eviction suit had been filed by the landlord against tenant. In the said suit compromise was entered into and tenant delivered possession of a small portion of the tenanted accommodation to the landlord and landlord under the said agreement constructed a wall to separate the portion which was left in the tenancy occupation of the tenant from other portions in occupation of other tenants. In the suit-giving rise to the instant writ petition, tenant on the one hand pleaded that under the compromise entered into in S. C. C. Suit No. 20 of 1974 tenant was entitled to raise constructions. Tenant further took up the case that after the said compromise landlord permitted him to make constructions. Tenant also took up third case and pleaded that a