FI LR071 LAL JAIN Vs. MAN MAL

JUDGEMENT

(1.) In this execution appeal by special leave the only question that arises for decision is whether the decree under execution is a nullity as held by the High Court as well as by the courts below.

(2.) The appellant is the owner of Shop No. 4682, Plot No. 21, Daryanganj, Delhi. He leased out that shop to the 1st respondent on November 8, 1953. One of the terms of the lease was that the 1st respondent should not sub-let the shop. On the allegation that the 1st respondent has sub-let the shop to the second respondent, the appellant brought a suit in the court of Sub-Judge, 1st Class, Delhi for the eviction of the respondents, under Section 13 of the Delhi and Ajmer Rent Control Act, 1952 (to be hereinafter referred to as the Rent Control Act). The respondent denied the sub-lease alleged by the appellant. Their case was that the second respondent was a partner of the 1st respondent. During the pendency of the trial of the suit, the appellant and the 1st respondent entered into a compromise on the basis of which a compromise decree was passed by the court. The compromise petition does not make any reference to the alleged sub-lease. The order made by the court in that connection reads thus:

(3.) Under the terms of the compromise, the 1st respondent was given four years' time from the date of the compromise decree for delivering possession of the suit premises. At the end of the said four years, the appellant attempted to execute the decree. At that stage, the second respondent resisted the execution contending that he is not bound by the decree. Thereafter there was a second compromise between the appellant and the 2nd respondent, under the terms of which the second respondent was given time till February 28, 1963 to vacate the premises. At the expiry of that period, the appellant again levied execution. The second respondent again resisted the execution on various grounds, one of which was that the decree having been passed in contravention of Section 13 of the Rent Control Act, the same is a nullity and as such it is not executable. This contention was accepted by the execution court, the appellate court as well as by the High Court.