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(4) It is agreed by both the parties that this memo of compromise-is executable as a Decree of Court."

The Court, after referring to the petition of the landlord being under s. 10 (3)(a)(i), of the Act on the ground of his own occupation, passed the following order "Compromise memo filed and recorded. By consent eviction is ordered granting time to vacate till June 5, 1969. No costs."

The aforesaid terms of the compromise were also incorporated in the order. After distinguishing the former three cases viz. Bahadur Singh's case, Kaushalaya Devi's case and Ferozi Lal Jain's case, Vaidialingam J. speaking for himself and Dua J. (comprising majority) enunciated the law on the point, thus :