HIRALAL MOOLCHAND DOSHI Vs. BAROT RAMAN LAL RANCHHODDAS

JUDGEMENT

(1.) This appeal is directed against the judgment of the single Judge of the High Court of Gujarat dated 17th June, 1975. By the impugned judgment the learned single Judge set aside the concurrent judgments of the executing Court and the lower appellate Court dismissing objections to the executability of the ejectment decree passed by the trial Court dated 21st March, 1968 on the basis of a joint compromise petition filed by the parties and held the ejectment decree inexecutable being a nullity.

(2.) It appears that on or about 12th July, 1967 the appellant/landlord (hereinafter referred to as 'the landlord') filed a suit in the Court of the Joint Civil Judge, Dahod for recovery of possession of the premises against the respondent/tenant (hereinafter referred to as 'the tenant') inter alia on the grounds contained in Secs. 12(3)(a), i.e., on the ground of nonpayment of rent for a period of over six months inspite of notice of demand; 13(l)(e), i.e, on the ground of nuisance and 13(l)(g), i.e., on the ground of bona fide personal use, besides other grounds, of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called 'the Act').

(3.) The tenant filed his written statement on 29th September, 1967 inter alia pleading that the rent charged was excessive; that he was not in arrears of rent, as alleged; that the landlord did not require the suit premises reasonably and bona fide; that the tenant had a large family that he did not cause any nuisance, as alleged, and that greater hardship would be caused to the tenant if the decree for possession is passed against him than it would be to the landlord if the decree was not passed.