Pushpa Devi Bhagat (D) Th. Lr.Smt. ... vs Rajinder Singh & Ors

2. Respondents 1 & 2 are the landlords of the suit property (front portion of residential premises no. C-25, Friends Colony, New Delhi). Respondents 1 & 2 and their father Late Brig. S. Rameshwar let out the suit property with the fittings and fixtures to M/s Usha Fisheries Agriculture and Dairy Farm, a partnership firm (third respondent herein) for a period of three years under a registered lease deed dated 6.6.1979, the purpose being the residential use of a partner of the firm. Pushpa Devi (mother of the appellant) and respondents 4, 5 & 6 were its partners. The suit property was being used by Pushpa Devi for her residential use. The tenancy was continued after the lease term of three years.

3. The landlords (Respondents 1 & 2 and their father) terminated the said tenancy as at the end of 31.3.1989 by notice dated 9.2.1989 and filed a suit against the firm and Pushpa Devi in the court of the District Judge, Delhi on 10.4.1989 for recovery of the possession of the suit property. It was originally numbered as RC Suit No. 265 of 1989 and later, transferred to the court of the Sub-Judge, New Delhi (later, Civil Judge, Delhi) and renumbered as Suit No. 52 of 1993. Pushpa Devi, second defendant, resisted the suit inter alia on the ground that the first defendant firm had been dissolved and as a consequence all its partners including herself became the co-tenants and the suit was not maintainable without impleading the other partners. Subsequently, M.L. Wadhwa, S. K. Mittal and Badan Singh (the other three partners of the firm), were impleaded as defendants 3 to 5. During the pendency of the suit, the first plaintiff S. Rameshwar died, and the suit was continued by showing his two sons (original plaintiffs 2 & 3) as plaintiffs 1 & 2. The fifth defendant also died and his son Chaman Lal Gahlot was brought on record in his place as the fifth defendant.

4. Two witnesses were examined on behalf of the plaintiffs and their evidence was closed on 16.9.1998. Thereafter, the case was adjourned a number of times for defendants' evidence. Shri Dinesh Garg, counsel for defendants stated that as the first defendant firm was dissolved, he will not appear for the firm. In view of it, after issuing court notice, the first defendant was placed ex parte on 24.4.2000. The order-sheet dated 7.7.2000 shows that as defendants 2 & 3 did not let in any evidence, their evidence was closed and the matter was listed for evidence of defendants 4 & 5. On 19.5.2001, the court made the following order :-

Accordingly, a fresh decree was drawn on 18.7.2001 in terms of the final order dated 23.5.2001.

6. On 21.8.2001, second defendant (Pushpa Devi) filed an application under section 151 CPC for setting aside the decree dated 18.7.2001 alleging that she had not instructed her counsel Shri Dinesh Garg to enter into any compromise on her behalf that there was no "written compromise between the parties duly signed by the parties", and therefore, there was no lawful agreement or compromise. The court issued notice of the said application to Shri Dinesh Garg, counsel for the defendants as also the plaintiffs. Shri Dinesh Garg filed a detailed statement dated 7.12.2001. We extract below the relevant portions of the said statement :

19. Let us now turn to the requirement of 'in writing' in Rule

24. This appeal is, therefore, liable to be dismissed as being devoid of merit. The consent decree is upheld, though for reasons different from those which weighed with the High Court. The landlords (respondents) will be entitled to seek mesne profits for the period from 22.1.2002 to date of delivery of possession in accordance with law. The appeal is accordingly dismissed with costs. The costs payable by the appellant are quantified at Rs.25,000/-.