R.M. SESHADRI Vs. K.K. CHARI

JUDGEMENT

(1.) THIS revision arises out of an application filed by the petitioner (tenant) against the order of the lower Court refusing to recall a warrant of possession issued in E.P. No. 953 of 1969 on its file. The facts leading to this revision may briefly be stated.

(2.) THE respondent herein filed H.R.C. No. 983 of 1968 for evicting the petitioner on the ground that he required premises No. 64, Lloyds Road, Madras bona fide for his own personal occupation. The petitioner contended inter alia that the alleged requirement of the building for owner's occupation is not bona fide that the respondent's purchase from the original owner, Indian Academy of Science, on 23rd October, 1967 was not valid as the premises was inalienable being a trust property. The petition was finally taken up for hearing on 16th January, 1969, when the respondent as P.W. 1 was examined and Exhibits P -1 to P -3 were marked. The enquiry was continued on 25th January, 1969 and 22nd February, 1969 when P.W. 1 was further examined and Exhibits P -4 to P -45 were filed. Exhibit P -45 was an order of eviction obtained against the respondent by his landlord and this was filed to establish that the respondent's requirement of the premises for his own occupation was bona fide. At that stage both the petitioner and the respondent entered into a compromise and a memo of compromise was actually filed before the Rent Controller on 31st March, 1969. On the basis of the said compromise the Rent Controller passed the following order:

(3.) THE learned Counsel for the respondent also referred to the decision of the Punjab High Court in Vas Dev v. Milkhi Ram , where Grover, J. (as he then was) held, dealing with an order of eviction based on consent, that where a tenant admitted after a suit for ejectment under Section 13(1) of the Delhi and Ajmer Rent Control has been filed, that the landlord is entitled to possession on one of the statutory grounds, or where the landlord had made some representation within the terms of the statute to the tenant and which is one of the ingredients of a ground on which possession can be ordered and the tenant accepted that representation and submitted to an order, the Court would be fully justified in making a valid order of eviction. The learned Judge took that view after discussing the following English Cases: