SARDAR IQBAL SINGH Vs. RAM NATH CHOWDHARY

JUDGEMENT

(1.) This is a revision petition by a tenant. The proceedings are petition in execution of a decree for eviction passed in favour of the landlord. The decree for eviction was passed on the basis of compromise. The plaintiff landlord filed suit for ejectment on the ground of personal necessity as contenplated by Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act (here in after called as the Act of 1950). This decree was passed in the year 1974. In terms of decree, 7 years time was granted to the tenant to vacate the premises.

(2.) The plaintiff alleged bonafide and personal necessity and though initially the suit was contested on this ground, but before any evidence could be recorded, the defendant agreed and filed a compromise in which he admitted the personal necessity of the landlord. Certain other terms were incorporated regarding the compensation of use of land in a phased manner and the right to execute the decree before 7 years in case of default in payment of rent. Howevere, the term of the compromise was that the benefit of 7 years was allowed to the tenant on the basis of payment of increased rent in the suit premises. There was a clear averment that the decree can be executed earlier in case of default in payment of rent and the maximum period permissible was 7 years.

(3.) In this court, in the grounds of revision petition the petitioner undertook to file and keep ready true copies of compromise and decree as also objection filed to execution case, but as the learned Counsel for the petitioner has submitted, certified copies could not be obtained and therefore, uncertified copies of the office of the learned Counsel were shown to me.