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SUPREME COURT OF INDIA
Abhay Manohar Sapre, Uday Umesh Lalit, JJ.
M/s Alagu Pharmacy & Ors. – Appellants
Versus
N. Magudeswari – Respondent
CIVIL APPEAL Nos. 8256-8257 OF 2018 (Arising out of Special Leave Petition (Civil) Nos.24615-24616 of 2017)
Decided On : 14-08-2018
(2005) 2 SCC 567 – Relied upon
(b) Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – Section 10(2)(ii)(a) and 10(3)© – eviction – A tenant can be evicted only when the grounds of eviction in terms of the concerned contract is made out – Not otherwise even if parties had entered into a compromise – Such invalidity can be raised even in execution. (Para 12, 14)
(1973) 1 SCC 761; (1974) 1 SCC 242 – Relied upon
© Administration of justice – Condonation of delay – Even inordinate delay in filing a petition may be condoned with conditions – Instantly delay of 604 days condoned by appellate court on payment of Rs.2000/- – Supreme Court imposing an additional cost of Rs.50,000/-to the respondent. (Para 15)
Facts of the case:
The appellants 2 to 4 are doing business in the name and style of M/s Alagu Pharmacy i.e. the appellant No.1. The appellants claim to be tenants in the suit property owned by the respondent herein since 1998. On or about 22.02.2012 a lease agreement was entered into, which according to the appellants was signed by the respondent, extending/renewing the period of lease. On 13.11.2013 and 07.12.2013 the respondent had issued legal notices calling upon the appellants to vacate the suit property alleging inter alia that the lease agreement dated 22.02.2012 was not signed by the respondent and was a forged document, to which reply was given by the appellants on 17.01.2014. On 17.01.2014 itself a complaint (Exh.P-10) was lodged by the respondent alleging commission of forgery. According to the appellants, on 20.01.2014 the respondent alongwith her husband and some henchmen tried to evict the appellants which attempt was successfully resisted by the appellants. In the circumstances, a suit was filed by the appellants on 21.01.2014 seeking relief of permanent injunction against the respondent from interfering with their peaceful possession and enjoyment of the suit property save and except by due process of law. After hearing the appellants, an ad interim injunction was granted by the District Munsif, Coimbatore.
On 29.01.2014 a compromise was entered into between the appellants and the respondent which was recorded in the police station. Soon thereafter an Eviction Petition was filed by the respondent for eviction of the appellants. A compromise was again recorded in the police station under which the appellants agreed to vacate the suit property. Rent Controller and Principal District Munsif ordered accordingly.
The appellate court accepted appellants’ contention that the compromise was entered under coercion and condoned the delay of 604 days with costs to be paid to the respondent.
The High Court in revision set aside the order of the appellate court.
Finding of the Court:
Compromise recorded in police station is nacceptable.
A tenant can be evicted only when the grounds of eviction in terms of the concerned contract is made out and not otherwise even if parties had entered into a compromise.
Even inordinate delay in filing a petition may be condoned with conditions.
Result: Appeal allowed.
JUDGMENT
Uday Umesh Lalit, J.
Leave granted.
2. This appeal is directed against the final judgment and order dated 29.03.2016 in Civil Revision Petition (NPD) No.586 of 2016 as well as against the order dated 02.12.2016 in Review Petition No.89 of 2016 in said Civil Revision Petition (NPD) No.586 of 2016 passed by the High Court of Judicature at Madras, Bench at Madurai.
3. The appellants 2 to 4 are doing business in the name and style of M/s Alagu Pharmacy i.e. the appellant No.1. The appellants claim to be tenants in the suit property owned by the respondent herein since 1998. On or about 22.02.2012 a lease agreement was entered into, which according to the appellants was signed by the respondent, extending/renewing the period of lease. On 13.11.2013 and 07.12.2013 the respondent had issued legal notices calling upon the appellants to vacate the suit property alleging inter alia that the lease agreement dated 22.02.2012 was not signed by the respondent and was a forged document, to which reply was given by the appellants on 17.01.2014. On 17.01.2014 itself a complaint (Exh.P-10) was lodged by the respondent alleging commission of forgery. According to the appellants, on 20.01.2014 the respondent alongwith her husband and some henchmen tried to evict the appellants which attempt was successfully resisted by the appellants. In the circumstances, O.S. No.135 of 2014 was filed by the appellants on 21.01.2014 seeking relief of permanent injunction against the respondent from interfering with their peaceful possession and enjoyment of the suit property save and except by due process of law. After hearing the appellants, an ad interim injunction was granted by the District Munsif, Coimbatore.
4. It appears that on 29.01.2014 a compromise (Exh.P-11) was entered into between the appellants and the respondent. It is the case of the appellants that they were summoned to the police station in connection with the complaint lodged by the respondent (Exh.P-10) and under the pressure employed by the police, said Exh. P-11 was entered into. Soon thereafter an Eviction Petition i.e. R.C.O.P. No.29 of 2014 was filed by the respondent before the Principal Rent Controller-cum-District Munsif, Coimbatore for eviction of the appellants. It is the case of the appellant that they were again asked to appear before the police on 27.03.2014 and under the pressure exerted by the police a compromise deed was entered into under which the appellants agreed to vacate the suit property. Said compromise deed was presented before the Court on 28.03.2014 and following order was passed by the Rent Controller and Principal District Munsif, Coimbatore:
“Petition dated 08.02.2014 filed under Section 10(2)(ii)(a), 10(3)(c) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and the petitioner filed this petition against the respondents to vacate the premises and to deliver the vacant possession of the petition mentioned property more fully described hereunder in the schedule and cost of this petition.
This petition coming on this day for hearing before me in the presence of Thiru. M. Sanjaiyan, Advocate for petitioner and of Thiru. Somasundaram, Advocate for respondent. Both parties filed compromise memo and both parties present and this day this Court doth order direct as follows:
1. That the respondents be and are hereby granted time upto 31.10.2015 to vacate the petition mentioned property and to handover the vacant possession of the same to the petitioner/landlord and
2. That the respondents are hereby directed to pay the present monthly rent of Rs.19080/-pm to the petitioner/landlord till the date of delivery of possession of the property (i.e. upto 31.10.2015) by way of cheque; and
3. That in case of default to do so by the respondents, the petitioners are entitled to take appropriate action through court of law against the respondents.
4. The compromise petition do form part of this final order, and
5. That there be no order as to cost.”
5. On 07.10.2015
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