AMRITLAL Vs. RENT APPELLATE TRIBUNAL, SIROHI

JUDGEMENT

(1.) THE petitioner, Amritlal S/o Kanhaiyalal, has filed the present writ petition aggrieved by the eviction decree dated 17.11.2007 (Annex.8), which decree was passed by the learned Appellate Rent Tribunal, Sirohi, upon a compromise between the parties on 17.11.2007. The said compromise was duly signed by the parties represented by their advocate Mr. Ashwin Kumar Mardia, on which the learned Appellate Rent Tribunal passed the eviction decree.

(2.) THE petitioner has approached this Court saying that he did not sign the said compromise, whereas he was running the business of cutlery in the shop in question situated at Main Bazar, Kumhar Panch Maili Nyat, Sirohi. Initially the shop in question was given on rent on 01.04.1951 to one Narayan Lal, who was the grandfather of the petitioner for running a tea shop at a monthly rent of Rs.45.00.

(3.) HAVING heard learned counsel for the parties at length and upon perusal of the order passed by learned Appellate Rent Tribunal, Sirohi, this Court is of the opinion that Amritlal, the grandson of the original tenant, Narayan Lal (petitioner herein) could not directly inherit the tenancy and petitioner's father, namely, Sh. Kanhaiyalal who was also doing business in the suit shop, has admittedly signed the said compromise application under Order 25 Rule 3 CPC along-with other legal representatives of Narayan Lal, and the compromise application has also been signed by the advocate Mr. Ashwin Kumar Mardia, representing all the defendants/tenants (LR's of Narayan Lal) including the present petitioner Amritlal and thus all of them will be bound by the compromise decree and, therefore, this writ petition cannot be entertained, contrary to the compromise terms and the same is accordingly dismissed. The eviction decree granted by the learned Appellate Rent Tribunal, Sirohi, dated 17.11.2007 is upheld. No costs. The interim order granted by a coordinate bench of this Court on 15.12.2008 staying the order dated 17.11.2007 (Annex.8) is hereby vacated. A copy of this order be sent to the parties concerned and both the Rent Tribunals below forthwith.