9911796707
TMI Blog1978 (2) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... ade out were in accordance with the relevant provisions of The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947- hereinafter to be referred to as the Act. The respondent filed a written statement with a view to contest the suit. Eventually on account of the default of the defendant the suit was taken up for hearing ex-parte and an ex-parte decree was passed on the 16th of March, 1966. The defendant applied under Order IX Rule 13 of the Code of Civil Pro- cedure-hereinafter to be referred to as the Code, for setting aside the decree. It was set aside. But ultimately the suit was disposed of on the 1st March, 1967 on compromise between the parties. According to the terms of the compromise decree, the judgment-debtor was to hand o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to the legislative mandate it could not do. The Court while recording a compromise under Order XXIII, Rule 3 of the Code has to satisfy itself that the agreement between the parties is lawful; in other words is not contrary to the provisions of the Act But it has been clearly laid down in Nagindas's case at page 552 "........ that if at the time of the passing of the decree, there was some material before the Court, on the-basis of which, the Court could be prima facie satisfied,, about the existence of a statutory ground for eviction, it will be presumed that the Court was so satisfied and the decree for eviction, though apparently passed on the basis of a compromise, would be valid. Such material may take the shape either of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterials in the case, that the agreement is lawful, as in any other suit, so in an eviction suit, the Court is bound to record the compromise and pass a decree in accordance therewith. Passings a decree for eviction on adjudication of the requisite facts or on their admission in a compromise either express or implied, is not different." The High Court has held the decree to be a nullity on the following grounds :- (1) Admittedly, the order passed by the learned Judge does not disclose any satisfaction recorded by him about the existence of one or more grounds of eviction under the Act. Naturally, therefore, the decree does not disclose that the learned Judge, who passed the eviction decree, was satisfied about the existence of any of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first day of the hearing of the suit or such other date as the Court may fix, the standard rent and permitted increases and continuing to pay or tender in Court regularly such rent and permitted increases till the suit is finally decided and also by paying costs of the suit as directed by the Court." It clause (b) is attracted as being any other case of the type (ii) i.e. "in which there is a dispute regarding the standard rent and permitted increases", then in such a case, "the tenant would not be in a position to pay or tender the standard rent, on the first date of hearing, and fixing of another date by the Court for payment or tender would be ineffectual, until the standard rent is fixed." Hence the Court, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of the suit at the same rate. They had also claimed light charges @ ₹ 2/- per month. In, the compromise petition, paragraph 2, the same amount of rent, mesne profit and electric charges are admitted by the tenants to be payable to the landlords There is nothing to indicate that any genuine dispute was raised by the tenant in regard to be standard rent or the electric charges Nor is there anything to show that he had ever filed a petition under section 11 of the Act or any other provision of law for fixation of standard rent. In other words, there is nothing to show that the tenant could claim protection from eviction in accordance with clause (b) of sub-section (3) of section 12 of the Act on the ground that he was not in a positi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
