NAGINDAS RAMDAS Vs. DALPATRAM ICHHARAM ALIAS BRIJRAM

JUDGEMENT

(1.) Whether the decree dated September 23, 1964, passed by the Trial Judge in Regular Suit No.6 of 1963, filed under the Bombay Rent Control Act, 1947 (for short, called Bombay Rent Act) directing the eviction of the appellant is a nullity an as such inexecutable, is the only question that falls for decision in this appeal by special leave. It arises out of these facts :

(2.) The rate of contractual rent was Rs.15/- per month. On 23-9-1964 the parties arrived at a compromise the terms of which as incorporated in the decree were as under :

(3.) On 12-1-1968, the landlords filed a petition for execution of the decree. It was dismissed as premature. The tenant having failed to pay Rupees 152/50 i.e. the balance of arrears by the agreed date the decree-holder on 17-1-1968 again took out execution for the recovery of the said amount. Thereafter on 3-10-1968 the landlords filed the second petition to recover possession of the suit premises in execution of the decree.