Case: Ram Nath And Another Vs. M/S. Ram Nath Chhittar Mal And Others

The appellants in all the three appeals are the landlords and the respondents in the three appeals are three different tenants.The appellants filed three separate suits for the eviction of their three tenants under cl. (g) of proviso to S. 13(1) of the Act on the ground that the premises were bona fide required for purposes of rebuilding. On February 27, 1953, the parties in all the three suits entered into a compromise in the following termshave compromised the case with the plaintiff. A decree may be passed for Rs. 82/8/- on account of rent in suit and for ejectment in respect of the shop in suit in favour of the plaintiff against the defendants. The defendants will vacate the shop by 4-3-53 and hand over possession to the plaintiff and the plaintiff will hand over its possession again (second time) to the defendants within six months from 4-3-53 after constructing it afresh. We shall pay such rent as this court willthe court passed the following order and a decree followed thereonterms of the statements of the plaintiff defendant and counsel for defendants - a decree for Rs. 82/8/- on account of rent in suit be passed in favour of the plaintiff against the defendants. Also decree for ejectment be passed in respect of the shop in suit in favour of the plaintiff against the defendants and that the defendants DO give possession of the shop in suit by 4-3-53 to the plaintiff and that the plaintiff after constructing it afresh within six months from 4-3-53 give it to the defendants. From out of the money deposited, a sum of Rs. 82/8/- be paid to the plaintiff and the balance returned to the defendants. The defendants shall be responsible to pay the rent fixed by theto the decree the possession was to be given to the appellants on March 4, 1953 but it was actually delivered by the three respondents between March 7, and 15, 1953. On the completion of the building the three respondents filed three separate applications under S. 15 of the Act for their being put into possession. These applications were filed on October 7, 1953. The High Court held that the compromise did not comprise any matter which was not the subject matter of the suit; that the respondents could enforce the terms of the decree in the proceedings which they took i.e. under S. 15 of the Act; that time was not of the essence of the compromise and therefore of the decree and consequently in spite of the possession of the premises having been given by the respondents after the date specified in the decree, i.e., March 4, 1953, the respondents were entitled to enforce the decree by execution and supply for possession being restored to them; at any rate they could apply for restitution under the inherent powers of the Court. Thus the High Court was of the opinion that though S. 15(2) of the At was no applicable to the proceedings they could be treated as execution proceedings. Against this judgment and order the appellants have come in appeal to this court by special leave.

Reasoning:
5. In our opinion the contentions raised by the appellants are well founded and the appellants must succeed. The suit for eviction were brought within the framework of the Act and were based on the provisions of S. 13 (1) proviso (g). No eviction would have been possible excepting when conditions laid down in S. 13 were satisfied. The decree which were passed were substantially in accordance with the provisions of S. 15 of the Act and as was contended by the appellants they were decrees under which the premises had to be vacated by the respondents on a specified day. Under that section they had the right to elect and did elect to get possession after rebuilding this possession was to be given by the landlords to the tenants within a reasonable time and six months period was fixed by consent between the parties and the rent, if the respondents were not put into possession on the same terms as before, was to be settled by court and that is what was done under the terms of the consent decree. The applications for being put into possession which were filed by the respondents were really under S. 15(3) of the Act. As the respondents did not deliver possession to the appellants on or before the date specified in the decree the provisions of S. 15 contained in sub-sec. (3) of that Act were not available to them and they were not entitled to be put into possession as prayed by them.