9911796707
TMI Blog2003 (8) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents, the appellants had defaulted in payment of rent for a period running over three years since 29.11.1952. A demand-cum-quit notice was served on the appellants, which having not been complied with, rendered the appellants liable to be evicted under clause (a) of sub-section (1) of Section 13 of the Delhi and Ajmer Rent Control Act, 1952. The suit was decreed by the High Court holding the landlord-tenant relationship as proved and the appellants having incurred liability for eviction on the ground of default in payment of rent as alleged by the respondents. When the decree was put to execution, the judgment debtors-appellants raised an objection as to the executability of the decree, submitting that during the pendency of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll effect to so as to protect the tenant from eviction unless permitted by law. Shri Sharma submitted that conferring the tenant with an opportunity for wiping out the effect of default by making deposit during the pendency of the proceedings is a privilege and protection specifically conferred on the tenant, and if any Court has passed a decree for eviction without complying with such provision of law, the decree would be a nullity and hence not available to be executed. On the other hand, the learned counsel for the respondents submitted that the decree is not a nullity and cannot be held to be inexecutable unless the decree can be said to be without jurisdiction, which it is not. The learned counsel for the respondents also pointed out t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the doctrine of ultra vires, rigidly applied, would produce unacceptable results. (Administrative Law, 8th Edition, 2000, Wade and Forsyth, p. 308). Secondly, there is a distinction between mere administrative order and the decrees of Courts, especially a superior Court. The order of a superior Court such as the High Court, must always be obeyed no matter what flaws it may be thought to contain. Thus a party who disobeys a High Court injunction is punishable for contempt of Court even though it was granted in proceedings deemed to have been irrevocably abandoned owing to the expiry of a time limit. (Ibid, p. 312) A distinction exists between a decree passed by a Court having no jurisdiction and consequently being a nullity and not ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... default in payment of arrears of rent was not available to the landlords- respondents within the meaning of the Delhi and Ajmer Act or the successor Rajasthan Act. The only submission made is that before passing the decree the Court should have afforded the tenant an opportunity of depositing the rent in arrears, which was not done. Firstly, we find merit in the submission of the learned counsel for the respondents that it was for the tenants to have invited the attention of the Court by making an application in that regard so as to avail an opportunity of wiping out the effect of their default which gave rise to cause of action to the respondents, by depositing the rent during the pendency of the suit. That having not been done, the tenan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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