AJIT KUMAR JANA Vs. ANIL BARAN SINGHA

JUDGEMENT

(1.) This revisional application has been filed against the order 17.9.2009 in J. Misc. Case No. 43 of 2004 whereby the learned Court below dismissed the application filed by the defendant/petitioner under section 47 of the CPC.

(2.) The suit for eviction being O.S. No.37 of 1994 was filed by the opposite parties on the ground of reasonable requirement and default. During the course of the proceeding the respondents/plaintiffs and the defendant/petitioner effected a settlement with the stipulation that the defendant would 'vacate the suit premises by December, 2000. It was also stipulated that the defendant would pay the current rent and also the arrear rent to the landlord by December, 2000. THE suit was, accordingly, decreed in terms of the compromise petition.Defendant/petitioner not having delivered the possession in spite of consent decree being passed by the learned Trial Court, the aforesaid decree was put into execution. At the stage of execution the defendant/petitioner came up with the application under section 47 of the CPC, challenging the execution of the decree. THE aforesaid application under section 47 of the CPC was, however, dismissed by the learned Executing Court.

(3.) Referring to the case of Nai Bahu vs. Lala Ramnarayan and Ors., 1978 AIR(SC) 22, it is submitted that the Apex Court has underlined that if the Court does not find the permissible grounds for eviction disclosed in the pleadings and other materials on the record, no consent or compromise will give jurisdiction to the Court to pass a valid decree of eviction. It is argued that the Apex Court has underscored that the Court is to be satisfied whether a statutory ground for eviction has been pleaded which the tenant has admitted by the compromise. The Court is required to be satisfied about compliance with the statutory requirement on the totality of the facts of a particular case bearing in mind the entire circumstances from the stage of pleadings upto the stage when the compromise is effected.