KAYUM ALI Vs. ALANOOR

JUDGEMENT

(1.) THE only point involved in this execution second appeal is whether the consent decree passed on 7 -5 -70 on the basis of compromise entered into between the parties is a nullity as, it has been passed in contravention of the provisions of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act).

(2.) THIS appeal arises out of these facts. The respondent was a tenant of a room belonging to the appellant at a monthly rent of Rs. 3,50. The respondent did not pay rent to the landlord for a considerable period of time. Ultimately the plaintiff landlord filed a suit for eviction and arrears of rent amounting to Rs. 245/ - on 19 -9 -1966.

(3.) EVIDENCE wan led by both the parties in proof of the issues. On 7 -5 -70 a compromise petition was filed in the court which was signed by both the parties. The court recorded the compromise and passed a decree for eviction an accordance with the terms of the compromise The contents of the compromise petition show that the tenant agreed to vacate the suit premises on or before 1 -8 -1970 and the landlord relinquished his right to recover the arrears of rent. When the tenant did not vacate the suit premises on 1 -8 -70, an execution petition was filed by the landlord on 7 -8 -70 objection was raised on behalf of the tenant that the decree was a nullity as it was passed in contravention of the provisions Section 13 of the Act. The relevant portion of Section 13 of the Act runs as under: 13. Eviction of tenants (1) No withstanding anything contained in any law or contract, no Court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise eviction the tenants so long as he is ready and willing to pay rent therefore to the full extent allowable by this Act, unless it is satisfied. (a) that she tenant has neither paid nor tendered the amount of rent due from him for six months.