TaxTMI 
TaxTMI 
2003 (8) TMI 528
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....appellants, which having not been complied with, rendered the appellants liable to be evicted under clause (a) of sub-section (1) of Section 13 of the Delhi and Ajmer Rent Control Act, 1952. The suit was decreed by the High Court holding the landlord-tenant relationship as proved and the appellants having incurred liability for eviction on the ground of default in payment of rent as alleged by the respondents. When the decree was put to execution, the judgment debtors-appellants raised an objection as to the executability of the decree, submitting that during the pendency of the suit, by the effect of reorganization of States, Ajmer became part of Rajasthan w.e.f. 1st November, 1956 and the suit premises came to be governed by the provisio....
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....effect of default by making deposit during the pendency of the proceedings is a privilege and protection specifically conferred on the tenant, and if any Court has passed a decree for eviction without complying with such provision of law, the decree would be a nullity and hence not available to be executed. On the other hand, the learned counsel for the respondents submitted that the decree is not a nullity and cannot be held to be inexecutable unless the decree can be said to be without jurisdiction, which it is not. The learned counsel for the respondents also pointed out that to avail the benefit of purging the effect of the default, it is for the tenant to make an application to the Court, seeking the opportunity of making a deposit and....
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....is a distinction between mere administrative order and the decrees of Courts, especially a superior Court. The order of a superior Court such as the High Court, must always be obeyed no matter what flaws it may be thought to contain. Thus a party who disobeys a High Court injunction is punishable for contempt of Court even though it was granted in proceedings deemed to have been irrevocably abandoned owing to the expiry of a time limit. (Ibid, p. 312) A distinction exists between a decree passed by a Court having no jurisdiction and consequently being a nullity and not executable and a decree of the Court which is merely illegal or not passed in accordance with the procedure laid down by law. A decree suffering from illegality or irregulari....
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....ission made is that before passing the decree the Court should have afforded the tenant an opportunity of depositing the rent in arrears, which was not done. Firstly, we find merit in the submission of the learned counsel for the respondents that it was for the tenants to have invited the attention of the Court by making an application in that regard so as to avail an opportunity of wiping out the effect of their default which gave rise to cause of action to the respondents, by depositing the rent during the pendency of the suit. That having not been done, the tenants-appellants cannot be heard to urge any infirmity in the decree. Secondly, accepting it at its face value, in the eyes of law, the challenge seeks to expose a procedural irregu....