MANAGER GULABCHAND Vs. RAJANIKANTHA

JUDGEMENT

(1.) Against an order dismissing his Execution petition, the landlord has filed the present revision petition. The land - lord had filled RCP. No. 19/72 for eviction on the ground of wilful default on the part of the tenant in paying the rents for a period of about 9 months. The tenant filed a counter denying the allegation of wilful default, and contending that he paid the rants up to August 1972 but, because the roof the premises in question collapsed then, he had to spend an amount of Rs. 400/- for repairing the roof and that, he is entitled to adjust the said amount towards the rent payable by him. According to him, therefore, there was no default, much less a wilful default.

(2.) Before any evidence was led by either party, the parties entered into a compromise on 20-9-1973 Where under the tenant withdrew his defence and wanted six months time to vacate the building Thereupon, the court passed the following order on 20.9.1973:-

(3.) After the period of six months, the landlord filed the present Execution petition, wherein the tenant raised an objection that the order of the court dated 20-9-1973 is not executable as it cannot be said to be an order under section 10 of the Act and that, the consent or agreement between the parties cannot be a substitute for the satisfaction required to be arrived at by the Rent Controller, by the Act, nor can such consent or agreement confer jurisdiction upon him to pass an order of eviction without the necessary grounds being made out. The Rent Controller upheld the said objection and dismissed the execution petition. Hence this revision petition.