situation a decree for eviction on the basis of compromise can be passed.
(b) It the compromise for eviction of a tenant is found ... compromise decree is lawful unless contrary, is shown by the party challenging such decree based on compromise.
(d) When validity of decree for eviction based
above authorities it must be held that the order for eviction based on compromise is good and enforceable if the tenant while entering into ... present appeal as I am of the view that the eviction order based on compromise was a nullity. Learned counsel for the respondent also submits
disclose cause of action in the eviction petition and passing of an eviction order based on compromise on the basis of such a petition. After ... that the ground of eviction was available.
(11) It is now well established that an order for eviction based on compromise is not void
above authorities it must be held that the order for eviction based on compromise is good and enforceable if the tenant while entering into ... present appeal as I am of the view that the eviction order based on compromise was a nullity. Learned counsel for the respondent also submits
ground for eviction set out in the relevant statute
for the order of eviction based on compromise
need not borne out by a judicial finding ... existence of the ground on which the order of
eviction based on compromise arrived at between
the parties was passed."
The learned Single Judge
Bonafide requirement of landlord-
Compromise decree--whether a separate enquiry and
satisfaction apart from the compromise necessary for passing
eviction order.
HEADNOTE:
The appellant bought ... distinguished on facts.
692
Per Alagiriswami, J. An eviction order based on a compromise
where the landlord has asked for possession
effect that an order of eviction which is based solely on a settlement or compromise between landlord and tenant cannot be regarded as one passed ... Judge seemed inclined to take the view that an eviction order based on a compromise would be a valid order, if in the concerned eviction
grounds for eviction made out in the plaint. Based on deemed admission, the compromise decree for eviction was passed in favour of the petitioner/plaintiff ... appears that the question of validity of eviction order based on a compromise was a subject of several decisions of various High Courts of this
then parties agreeing to give possession under a compromise and decree for possession based on such compromise would not be permissible. The observations of Alagiriswami ... consequently, the Court could not have passed a decree for eviction based on such compromise. It is worth noting as the other relevant shade that
Tribunal held that even though the orders for eviction were based on compromise and as such on the consent of the parties but the admissions ... result, therefore, is that the orders for eviction in these cases, even though based on compromise, are still good and enforceable because while entering into
