Plaintiff filed an ejection suit under HRC on the year of 1994. The case was held for six years,by increasing rent and advance. The case was compromised before the court by making a petition under order 23 rule 3 of the CPC.
Now again plaintiff filed an ejection suit under transfer of property act (106).
In the compromised petition made before the court, has mentioned as it is agreed to give the schedule shop to the defendent on lease, initially for a period of eight years and there after the same could be renewed by mutual consent of both the parties.
Further at that time a fresh lease deed executed,which is an unregistered documents wherein stated that it is agreed that the lease shall be initially for a period of eight years from the date of execution of this lease deed and that the said period of eight years may be extended if both lessor and the lesse were to mutually agree for the extension of time.
Also mentioned in the lease deed that on the expiry of the lease period or such extended period the lesse shall deliver back the possession of the schedule portion to the lessor in good and tenantable condition,subject to natural wear and tear.
Please note neither mentioned in the lease deed nor in the compromised peition that the position should be submitted to the plaintiff after lease period or such a expiry period. Can i take stay by filing writ petition in high court? Please answer me whatever defence for me.
