A person who enjoys the fruits of a decree cannot claim that the decree is null and void at a later stage.

The sub-tenant before the learned Rent Controller, who has enjoyed the fruits of the compromise decree, thereby in possession of the premises for five years, has filed the suit for declaration that the decree obtained by the petitioner before the learned Rent Controller is null and void and obtained an order of interim injunction, which is under challenge in the present Revision.

2. The first defendant in the above referred suit is the petitioner and the plaintiffs thereon are the respondents 1 to 3 and the second defendant is the fourth respondent in these Revisions. The respondents 1 to 3 have filed the said suit for the following reliefs:-

a. declaring that the compromise fair and final order and decree 24. 2003 passed in RCOP No.71 of 2003 by the learned Rent Controller cum Principal District Munsif, Coimbatore as null and void with jurisdiction by means of a declaratory decree;

b. grant a permanent injunction restraining the first and second defendants their men or agents, servants or associates from in any manner interfere or interrupting with the peaceful possession and enjoyment of the property as described in Schedule A.

c. restraining the first defendant from in any manner giving effect to or act in pursuance of the fair and final order and decree dated 24. 2000 passed in RCOP No.71 of 2003 by the Rent Controller cum Principal District Munsif, Coimbatore by filing E.P. by means of permanent injunction.

d. directing the first defendant to execute a sale deed pertaining to the property as detailed in Schedule B by receiving the balance sale price out of Rs.4,90,000/-on or a date to be fixed by this Court and in failure thereof to execute a sale deed pertaining to said property by this Court.

3. Along with the suit they have filed I.A.Nos.373 and 374 of 2007 for interim orders . In I.A.No. 373 of 2007 they sought for temporary injunction restraining the petitioner herein from proceeding with the fair and final order and compromise decree passed in R.C.O.P.No.71 of 2003 on the file of the learned Principal District Munsif Cum Rent Controller, Coimbatore by filing execution petitions till the disposal of the I.A. In I.A.No. 374 of 2007 the interim relief that has been sought for is temporary injunction restraining the petitioner and the fourth respondent from in any manner interfering with their peaceful possession and enjoyment of the suit property. By an order dated 23. 2007 the interim orders have been granted by the Court referred to above and against the said orders, the present Revisions have been filed.

4. The short matrix which are necessary for the disposal of the present Revisions are set out hereunder:-

The petitioner herein had filed eviction petition against the respondent 1 to 4 before the learned Rent Controller cum District Munsif of Coimbatore in R.C.O.P.No. 71 of 2003 for eviction under Section 10(2)(ii) (a &b) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 Thus, the eviction petition had been filed stating that though the property had been leased out to the fourth respondent herein, he has sub-let to other respondents. Further, the premises that has been leased out to the fourth respondent has been put to use for a purpose other than for which it was leased out. Further acts of waste has been committed to impair materially the value and utility of the property. Thus, the grounds of eviction was

(1) sub-letting

(2) using the premises for a purpose other than for which it was leased out

(3) and on the ground of acts of waste.

5. In the said proceedings, compromise was arrived at between the petitioner and the respondents and a compromise memo had been filed before the said authority. On the basis of the compromise memo an order was passed on 24. 2003 in and by which the respondents herein have agreed to vacate the premises on or before 33. 2007. While so the respondents 1 to 3 have filed the suit in O.S.No. 197 of 2007 against the petitioner and the fourth respondent herei