DHIRENDRA KUMAR GARG Vs. SUGHANDHI BAIN JAIN

JUDGEMENT

(1.) This appeal by special, leave arises out of a suit filed by the respondents for setting aside the decree in an earlier suit being Suit No. 61-A of 1955 instituted by Dammu Lal, husband of the respondent No. I and father of respondents Nos. 2 to 12, for eviction of the appellants from a building in Raipur which is in their, occupation as tenants. Dammu Lal also prayed for a decree for arrears of rent and damages. The prayer for eviction was allowed along with a money decree for Rs. 260/- as arrears of rent and Rs. 137/- as damages. The tenants filed an appeal which was numbered as Civil Appeal No. 7-A of 1965. During the pendency of the appeal Dammu Lal died, and his legal representatives were substituted as respondents. Some of his children were minor who were placed under the guardianship of their mother Smt. Sugandhibai, respondent No. 1. An application purporting to be a compromise petition on behalf of all the parties was filed before the Court which was recorded and the suit was disposed of in its terms by the appellate Court on 23-4-1966. According to the compromise the entire decree was set aside and the suit was dismissed, with the parties bearing their own costs. The respondents have challenged the compromise decree by the present suit.

(2.) The trial Court dismissed the suit. On appeal the first appellate Court reversed the decision, set aside the compromise decree and directed the Civil Appeal No. 7-A of 1965 to be disposed of afresh in accordance with law. By the impugned judgment the High Court dismissed the second appeal preferred by the appellants.

(3.) Mr. Kacker, the learned counsel appearing in support of the appeal, placed the facts relevant to the several questions raised by the parties and decided by the Courts below and contended that the decision of the High Court is illegal on several grounds. We do not consider it necessary to go into all the questions disposed of by the courts below as the respondents are, in our view, entitled to succeed in the suit on one of the several points urged on their behalf which is discussed below.