JAGAN NATH Vs. ABDUL AZIZ

JUDGEMENT

(1.) After the prayer of the landlords Abdul Aziz and Mohammad Usman (respondents herein) for the eviction of the tenants Gyan Chand and Neb Raj from the premises indispute was disallowed and standard rent was fixed at Rs. 100.00 per month at the instance of the tenants by the trial Court, Civil Appeal No. 321 of 1954 was filed by the landlords. On 3!st Dec"mber, 1954 the counsel for the tenants stand as follows :-

(2.) . The landlords, however, again applied for the eviction of the tenants without impleading the sub-tenants who had been accepted as such by the landlords by the compromise of 31st December, 1954 An order of eviction was obtained by the landlords against the tenants only on 31st December, 1963. The landlords then obtained the permission of the Competent A thority under section 19 of the Slum Area (Improvement and Clearance) Act, 1956 to execute the order of eviction again without impleading the sub-tenants. At this stage, Jagan Nath (appellant herein) applied under sections 16 and 18 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) stating that he, who was formerly a lawful sub-tenant under section 16 of the Act, had become a tenant of the premises under section 18 of the Act and that he was not liable to be evicted from the premises in view of the compromise decree of 1954 and because he was not a party to the proceedings taken by the landlords agantst the tenants.

(3.) . The question for decision in this second appeal by Jagan Nath centers round the effect on the rights of the parties of the compromise decree of 31st December, 1954. The effect may be considered from three different aspects.