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1968 (12) TMI 107 - SC - Indian Laws

Issues: Validity of decree based on compromise under Delhi and Ajmer Rent Control Act, 1952.

In this judgment, the Supreme Court dealt with an appeal arising from a case where the plaintiff sought eviction of the defendant, a tenant, on the grounds of bona fide requirement for residence, existing suitable accommodation for the defendant, and rent default. The parties reached a compromise where a decree for eviction was passed in favor of the plaintiff, with conditions related to possession, rent amount, and deposit adjustment. The defendant challenged the decree's validity under Section 13 of the Delhi and Ajmer Rent Control Act, 1952, alleging it was a nullity. The defendant's challenge was dismissed by the Sub-Judge and Senior Sub-Judge, leading to a revision in the High Court. The High Court held the decree as a nullity for not meeting the statutory grounds of Section 13. The Supreme Court referenced a previous case, Bahadur Singh v. Muni Subrat Dass, where it was established that passing a decree without verifying eviction grounds is impermissible under Section 13, rendering the decree a nullity. The Court reiterated that the decree directing possession to the landlord was unenforceable and declared the present appeal governed by the same legal principle, resulting in dismissal without costs.

 

 

 

 

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