DEVARAJA BHATT Vs. V.S.RAJA

JUDGEMENT

(1.) THE proceedings out of which this appeal arises are absolutely devoid of merits and were rightly dismissed by the learned Subordinate Judge.

(2.) THE appellant who was defendant 3 in O. S. No. 78 of 1946 on the file of the Sub -Court, Coimbatore, and who was a party respondent in A. S. No. 129 of 1948 on appeal therefrom to this Court, now contests that the compromise decree passed by this Court by means of which he was directed to surrender possession of the suit premises is null and void and should be treated as if it did not exist.

(3.) MR . P. S. Balakrishna Iyer for the appellant contends that the relationship between defendant 1 and defendant 3 is that of a lessor and lessee of a building which would attract the operation of the Madras Buildings (Lease and Rent Control) Act, under the provisions of which it was not open to defendant 1 to eject defendant 3 in pursuance of a decree of Court. When, therefore, defendant 1 agreed to surrender the building to the plaintiffs on receipt of a sum of money as compensation, it cannot be said that the plaintiffs have obtained any right to eject defendant 3 from these premises in pursuance to the decree of Court. What is further contended is that this Court went beyond its jurisdiction and acted in excess of its authority in holding that the compromise is binding on defendant 3. The reason alleged is that the subject -matter of the appeal could by no stretch of imagination be a dispute between defendant 3 and defendant 1 with the result that any claim which defendant 3 had against defendant 1 could not be adjudicated upon in this suit.