CHANDAN BAI Vs. SURJAN

JUDGEMENT

(1.) THIS appeal comes before us on a reference made by one of us.

(2.) THE appellant Chandanbai filed a suit for eviction against the respondent Surjan in 1964 on two grounds under Section 12 (1) of the Madhya Pradesh accommodation Control Act, 1961. The first ground was under Clause (a) of the said provision that the defendant did not pay the arrears of rent within two months of the ser vice of notice of demand. The second ground was under Clause (e) that the house was required bona fide by the plaintiff for residential purposes. The defendant in his written statement denied the existence of these grounds. During the pendency of the suit, the parties, on December 15, 1965, entered into a com promise which was filed in Court and a decree was passed on its basis on the following terms:--

(3.) THE main question in this appeal is whether having regard to Section 12 of the madhya Pradesh Accommodation Control Act, 1961, the Court has no power to pass a decree on the basis of a compromise.