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VINEET KOTHARI
Parshav Nath Jain Mandir Trust – Appellant
Versus
Avtar Singh – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Jugal Kishore Ranga, Advocate.
For the Respondent:Mr. R.K Thanvi, Sr. Advocate assisted by Narendra Thanvi, Advocate.

JUDGMENT

Vineet Kothari, J.—The present revision Petition has been filed by defendant Parshav Nath Jain Mandir Trust being aggrieved by the order dated 12.1.2011, whereby, the learned trial court has rejected its application under Order 7, Rule 11 CPC for rejecting the civil suit filed by the plaintiff tenant Avtar Singh seeking specific performance of the compromise entered into between these two parties in an earlier eviction suit filed by the defendant Trust as landlord against the present plaintiff, who was defendant tenant in that suit.

2. In eviction suit No.113/2005 filed before the Rent Tribunal, Jodhpur, a compromise was arrived at between the parties that the defendant tenant would handover the possession of the plot of land in his possession as tenant measuring 45’× 65’ to the plaintiff landlord and in turn after construction of shop measuring 12’ x 25’ on the portion of said plot shall be given back to the defendant tenant on the tenancy of Rs.200 per month, which rent would be subject to increase in accordance with the provisions of Rent Control Act, 2001. Accordingly, the said suit No. 113.2005, Parshav Nath Jain Mandir Trust v. Avatar Singh, was disposed of by the lear























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