1970 (3) TMI 176

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....s whether the decree under execution is a nullity as held by the High Court as well as by the Courts below. 2. The appellant is the owner of Shop No. 4682, Plot No. 21, Daryaganj, Delhi. He leased out that shop to the 1st respondent on November 8, 1953. One of the terms of the lease was that the 1st respondent should not sub-let the shop. On the allegation that the 1st respondent has sub-let th....

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....s passed in favour of the plaintiff and against the defendant The parties shall be bound by the terms of the comrise. The terms of the compromise incorporated in the decree-sheet. Orders pronounced. Dated the 4th March, 1985. 3. Under the terms of the compromise, the 1st respondent was given four years' time from the date of the compromise decree for delivering possession of the suit pre....

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.... 4. Section 13 of the Rent Control Act provides for the protection of a tenant against eviction. The material portion of Section 13(1), the clause relevant for our present purpose reads: Notwithstanding anything to the contrary contained in any other law or any contract, no decree or Order for the recovery of possession of any premises shall be passed by any Court in favour of the landlord agai....

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....n. In other words, the jurisdiction of the Court to pass a decree for recovery of possession of any premises depends upon its satisfaction that one or more of the grounds mentioned in Section 18(i) have been proved. 6. From the facts mentioned earlier, it is seen that at no stage, the Court was called upon to apply its mind to the question whether the alleged subletting is true or not. Order ma....