A.N.GROVER, G.K.MITTER, K.S.HEGDE
Kani Ram – Appellant
Versus
Kazani – Respondent
Judgement
GROVER, J.:- This is an appeal by special leave from a judgment of the Delhi High Court.
2. One Jaigopal instituted a suit for ejectment and recovery of rent under Clauses (a) and (e) of Section 13 of the Delhi and Ajmer Rent control Act 1952 in respect of a house situate in Pahargunj against the tenant. The grounds on which ejectment was sought were non-payment of rent and bona fide personal requirement of the landlord. The suit was resisted by the tenant on various grounds but ultimately on June 2, 1956 a decree for ejectment was passed on the basis of a compromise. The suit with regard to the recovery of arrears of rent was dismissed. On June 6, 1959, the decree holder filed an application for execution of the decree. The tenant raised various objections: one of the objections was that the decree sought to be executed was based on a compromise and not on any findings of the Court with the result that it was a nullity. On September 7, 1960 the Execution Court dismissed the objection and allowed the execution application of the landlord. That order was confirmed in appeal by the Additional Senior Sub-Judge on October 13, 1961. The judgment-debtor went up in revision but th
relied on : Mathura Prasad Bajoo Joiswal v. Dossibai N. B. Jeejeebhoy
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