HANMANT SUBBUJI JOSHI Vs. GANESH RAMACHANDRA MUJUMDAR

JUDGEMENT

(1.) This is a Judgment-debtor's Revision against the Order of the Munsiff, Haveri in Execution Case No. 31/86.

(2.) The facts are these :- On 27.8.1968, a compromise decree was passed in Miscellaneous Case 8/65 on the file of the Munsiff at Haveri. By terms of the decree, a site measuring 45'x75', which was in the occupation of the respondents in the said proceedings was to be vacated by respondents and vacant possession delivered on 25.7.1986 to the petitioner. In other words, the terms of the compromise were such that the bona fide requirement of the landlord stood postponed by eighteen years on account of, obviously, the inducement offered by the tenant - respondent. When the decree was sought to be executed after the lapse of required time, the same has been resisted on the ground that the decree is a nullity inasmuch as the grounds urged by the landlord for seeking possession had' disappeared by the very act of compromise and therefore, the decree by consent was by non-application of mind by the Court to the material before it and therefore decree must be treated as nullity and as such not executable. That argument has been negatived. Therefore, the present Revision.

(3.) In this Court, Mr. U.L. Narayana Rao, Counsel for the petitioners, who are also the legal representatives of the original tenant - respondents, has contended that when the bona fide requirement of the landlord stood postponed by such a long time, it must be assumed that he really did not have a legal ground available to him to present the Petition and therefore as held by the Supreme Court in more than one case, the Court must be satisfied that the statutory ground for eviction existed and only on being so satisfied, there may be compromise decree in eviction proceedings under any special enactment.