MAHAVEER UCHCHYA PRATHMIK Vs. BABU LAL

JUDGEMENT

(1.) FACTS leading upto this second appeal by the defendant- appellant, briefly stated, are that the plaintiff-landlord filed a suit for ejectment under he Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as Act No. 17 of 1950) against the defendant-tenant on the ground of default in payment of rent as well as on the ground that the premises are required reasonably and bonafidely by him and his family on 26.2.1976. The defendant-tenant filed a written statement on 23.9.1976 stating in para 2 that Sanwal Ram tenant took the premises on rent from Smt. Hukma Devi in the year 1957. After taking the premises on rent from Smt. Hukma Devi, he opened Mahaveer Uchcha Vidhyalaya which is recognised today upto Middle School and getting Grant-in-aid from the State Government. Rest of the allegations were denied. The plaintiff-landlord and defendant-tenant Sanwal Ram entered into compromise on 11.11.1980 and the suit was decreed by the learned trial court on the basis of compromise entered into between the parties.

(2.) DEFENDANT -appellant Mahaveer who is son of Sanwal Ram filed an appeal against the aforesaid decree dated 11.11.1980 which was set aside by the learned lower appellate court on 2.8.1985 and case was remanded back to the learned trial court with a direction to consider the validity of compromise after applying his mind in the light of the mandatory provisions contemplated under Section 13 of Act No. 17 of 1950. According to the order of remand dated 2.8.1985, after examining the validity of the compromise within the meaning of Section 13 of the said Act, the leaned trial court was free to pass a decree for ejectment on the basis of compromise or not to pass the same. The learned lower appellate court made it clear that parties are not required to adduce evidence.

(3.) AFTER remand, the learned trial Court, after analytical discussion of the materials available on record arrived at a positive finding that compromise entered into between the plaintiff-landlord and defendant-tenant Sanwal Ram is lawful and valid within the meaning of Section 13 of Act No. 17 of 1950, hence, a decree for ejectment on the basis of compromise was again passed by the learned trial Court on 7.2.1987.