MRS. SAVITRI AHUJA Vs. HARBANS SINGH MEHTA

JUDGEMENT

(1.) THIS petition for revision raising the question of jurisdiction of the Civil Court to entertain a suit to challenge the order of eviction passed in pursuance of an agreement of the parties has been referred for decision by Gurdev Singh, J. to a larger Bench.

(2.) THE facts which give rise to the petition are not in dispute and may briefly be narrated. The Petitioner Shrimati Savitri Ahuja acquired plot described as 29 -A in Friends Colony and a house was constructed on it in the year 1958 while she was in England. The building was leased to Respondent Harbans Singh Mehta on a monthly rent of Rs. 800/ -. The lease was for two years commencing from Ist of June, 1958. Col. Ahuja, the husband of the Petitioner, having returned to India in 1960 on retirement from service, the Petitioner applied for ejectment of the tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter also called the Act) according to which the Controller may make an order for the recovery of the premises on the ground:

(3.) THE petition for ejectment which was filed in the first instance on 18th of July, 1960, was later amended by the order of the Court passed on 10th of November 1960, The case was fixed for 20th of December, 1960, for evidence of the parties. Before the evidence could be recorded the parties compromised the dispute and the Respondent tenant made the following statement on 14th of December, 1960: