(1.) SHORT question which arises for determination in this revision is as to under what circumstances a compromise decree passed in a suit for eviction can be declared by the executing Court as nullity ?
(2.) THIS question has emerged in the following circumstances :-
(3.) THE point which falls for determination in this revision has been subject matter of consideration in several decisions of the Supreme Court. In Bahadur Singh v. Muni Subrat Das, 1969(2) SCR 432 : 1969 RCR 151, a decree for eviction based on an award without anything more was found to be a nullity as it was held to have been passed against the prohibitory mandate of Section 13(1) of the Delhi and Ajmer Rent Control Act, 1952. Following the said decision the compromise decree was also held to be a nullity in the case of Kaushalya Devi v. K.L. Bansal, AIR 1970 SC 838 : 1969 RCR 703 (SC). The earlier two decisions were followed again in Ferozilal Jain v. Man Mal, AIR 1970 SC 794 : 1970 RCR 375 (SC). In all the three cases the decrees were found to have violated Section 13(1) of the Delhi Act of 1952.
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