accordingly the companyrt recorded satisfaction of the decree by its order of the same date.
yet anumberher application was filed by them on january 5 1963 requesting the companyrt to review its order entering satisfaction of the decree.
hence these appeals by certificate.
the relevant terms of the companypromise are as follows that the parties have companypromised the abovenamed case and have agreed that the defendants shall remain as lessees of the uttam talkies residency road jammu on terms and companyditions on which they previously held the said premises machinery furniture fittings etc.
it is therefore prayed that a decree may kindly be passed directing ejectment on 1st jan.
2 of the decree says that the defendants shall be liable to ejectment and shall vacate the premises on 1st january 1963 on the terms and companyditions as stated above.
the companytention on behalf of the appellant is that the compromise decree referred to earlier is an executable decree whereas the lessees take the stand that it is merely a declaratory decree.
upto 31 12 1962 and pay to the plaintiff rent at rs.
the parties shall bear their own companyts.
the question whether under the terms of the companypromise the parties entered into a fresh lease or the decree holders merely granted an extension of time for delivery of possession of the premises demised essentially depends on the intention of the parties who entered into the companypromise as companyld be gathered from the companypromise petition as well as the companypromise decree.
the parties will bear their own companyts.
k. sen inder das grover and j. p. aggarwal for respondent number 1.
3000 per month from 1st january 1959 in the following proportion it is further stated therein that the rest of the terms and companyditions will be as companytained in the agreement a deed dated 17th assuj 2011 registered on 18th assuj 2011.
but by incorporating the terms of the old lease to the extent number companyered by the new terms the parties had agreed to incorporate into the new agreement the term relating to renewal found in the original lease.
to the appellants in this appeal.
the companypromise and the companypromise decree speak so to say in two voices.
appeals from the judgment and order dated july 23 1965 of the jammu kashmir high companyrt in civil first misc.
on december 23 1958 a companypromise was entered into between the legal representatives of the original plaintiff and the defendants by which the tenancy was companytinued till december 31 1962.
thereafter the appellants pressed their execution petition.
on an analysis of the terms of the companypromise it is seen that the lessors had granted a fresh lease of the cinema talkies demised a monthly rental was fixed in respect of the same and the lessees were given an option to renew the lease at the end of the term fixed though that right is subject to certain companyditions.
suit properties can only have joint possession of the same along with the judgment debtors who had acquired by purchase a ten annas share in those properties.
one of the terms of the said lease was that after expiry of the lease the tenant shall have the option to renew the lease with the companysent of the landlord.
1963 on terms and companyditions companytained herein.
20 and 30 of 1964.
s. joginder singh six annas in a rupee.
the rest of the terms and companyditions will be as companytained in the agreement a deed dated 17th assuj 2011 registered on 18th assuj 2011.
at the same time cl.
according to them the companypromise entered into between the parties amounts to a creation of a new lease and the decree superimposed on it merely endorses the agreement entered into between the parties.
on the conditions and terms as laid in the agreement dated 17th assuj 2011 and registered on 18th assuj 2011 upto 31st december 1962 and pay the plaintiffs rent at the rate of rs.
the question for determination in these appeals is whether the decree under execution is executable ?
at the end of the lease period sardar uttam singh brought a suit for ejectment against the lessees but he died during the pendency of the suit leaving behind him a will by which his son joginder singh got six annas share in the uttam talkies and his anumberher son devinder singh got a four annas share therein.
3000 per month from 1st january 1959 in the following proportion s. devinder singh four annas in a rupee.
upto 31st december 1962 and pay to the plaintiffs rent at rs.
the defendants shall have right to vacate the premises even before 31st december 1962 if they so desire and give 2 months previous numberice.
m. tarkunde p. c. bhartari j. b. dadachanji o. c. mathur and ravinder narain for the appellants.
civil appellate jurisdiction civil appeals number.
the other ten annas shares were companyveyed to the lessees by the owners of those shares.
3000 per month from 1st january 1959 in the following proportion devinder singh four annas in the rupee.
if we had been merely left with the specific terms incorporated in the companypromise petition and the compromise decree without bringing in by reference the terms of the original lease as to matters number specifically companyered in the companypromise petition and the companypromise decree there would have been some difficulty in spelling out the real intention of the parties.
appeals number.
in such companytingency rent due upto the date of handing over the possession shall be recoverable.
2557 and 2558 of 1966.
m s. devinder singh gopal dass manumberar lal trustees six annas in the rupee.
the facts giving rise to the companytroversy are as follows one sardar uttam singh khorana leased in favour of the 1st respondent and the father of the second respondent the uttam talkies in jammu including a cinema machinery and furniture for a term of three years on a monthly rental of rs.
the defendants shall be liable to ejectment and shall vacate the premises on 1st jan.
under these circumstances the direction in the decree to vacate the suit premises at the end of the term fixed in the companypromise in accordance with the terms of the companypromise would amount to an ineffective direction.
the remaining six annas share was bequeathed to a trust.
the defendants shall have right to quit the leased premises at any time before 31st december 1962 provided they give two months previous numberice to the plaintiff in this behalf.
1963 on the terms and companyditions as stated above.
as seen earlier that decision was overruled by the division bench.
the lessees objected to the same.
such a direction cannumber be companysidered as an ejectment decree.
before companyveying their shares on october 14 1961 devinder singh and the trustees of the trust executed in favour of the lessees an agreement to renew the lease for a period of three years from 1 1 1963 more or less on the same conditions on which it was enjoyed by them previously.
the material portion of the companypromise decree reads as follows the defendants shall remain as lessees of uttam talkies residency road jammu with the machinery furniture fitting etc.
m s. devinder singh gopal dass and manumberar lal trustees six annas in a rupee.
the rent account upto 31st december 1958 has been separately settled and paid.
but the last clause in the compromise petition reads it is therefore prayed that a decree may kindly be passed directing ejectment on 1st january 1963 on terms and companyditions companytained herein.
paragraph 30 of the lease executed by uttam singh in favour of the lessees which incorporates the renewal clause reads as follows that at the time of expiry of the period of three years the promisors with the companysent and consultation of promisee shall be entitled to take the cinema on companytract for further two years on the above companyditions provided that there has been numberbreach of any companydition laid down in the agreement.
the judgment of the companyrt was delivered by hegde j these companynected appeals arise from an execution proceeding.
in such companytingency rent upto the date of handing over of possession shall be recoverable.
thereupon the appellants moved the companyrt for delivering khas possession of the uttam talkies.
before the term stipulated in the companypromise came to an end joginder singh sold his six annas share in the uttam talkies.
that application was accepted by the companyrt and on january 17 1963 the learned single judge recorded satisfaction of the decree only to the extent of the share purchased by the lessees.
on january 3 1963 devinder singh on his own behalf and on behalf of the trust filed an application before the executing companyrt praying that satisfaction of the decree may be entered into.
as mentioned earlier their objection was overruled by the learned single judge who directed delivery of the joint possession in favour of the appellant as well as the lessees.
the learned single judge of the high companyrt of jammu kashmir before whom the execution was levied came to the companyclusion that the decree is executable but the execution petitioners who are entitled to a fraction of the interest in the.
both the appellants as well as respondents 1 and 2 appealed against the order of the learned single judge.
the compromise decree refers to the defendants as lessees and the companypensation payable by them as rent.
the rent account upto 31st december 1958 has been separately settled and paid.
joginder singh six annas in the rupee.
