ROOPALAL Vs. A R ALLARAKHA

JUDGEMENT

(1.) JAGAT NARAYAN, J. This is a judgment-debtor's execution appeal against an appellate order of the Senior Civil Judge, Kishingarh (Camp Ajmer), confirming an order of the Munsif, Ajmer City directing delivery of possession to the decree-holder in execution of a decree for ejectment passed against him on 6th January, 1955 during the continuance of the Delhi and Ajmer Rent Control Act, 1952, in respect of a portion of the house situated within the municipal limits of Ajmer.

(2.) THE judgment-debtor was admittedly a tenant of the decree-holder. It was alleged in the plaint that a sum of Rs. 1,080/- was due to the decree-holder from the judgment-debtor as arrears of rent for a period of 3 years from 20. 10. 1950 to 19. 10. 1954 at Rs. 30/- per month and that a notice was served on the judgment-debtor on 21. 2. 1951 demanding arrears of rent and determining his tenancy. THE judgment-debtor did not contest the suit. He did not file any written statement. He entered into a compromise with the plaintiff which was recorded by the Court, and a decree for ejectment on the basis of the compromise was passed in the following terms: - "ejectment decree is passed against the defendant of the suit premises. This decree will be executable on 15th March, 1960. That the money claimed had been remitted and the defendant will not pay on account of rent any thing upto 14th March, 1960. "

(3.) IN Waman Shriniwas Kini Vs. Ratilal Bhagwandas and Co. (13), it was held that a statutory prohibition against sub-letting could not be waived by the landlord and a contract entered into by the landlord with his tenant prohibiting the sub-letting was void. As has been pointed out above, the contract embodied in the compromise decree did not contravene the provisions of the Delhi and Ajmer Rent Control Act, 1952. This decision also is therefore inapplicable to the facts of the present case.