Tenant can be evicted if compromise during plea pendency not recorded — SC

NEW DELHI, SEPT 7: Sounding a word of caution for tenants, the Supreme Court has ruled that during the pendency of a petition for executio...

NEW DELHI, SEPT 7: Sounding a word of caution for tenants, the Supreme Court has ruled that during the pendency of a petition for execution of an eviction decree against a tenant, if a compromise is reached and the same is not recorded, it would not bar the landlord from evicting the tenant.

Reversing a Madras High Court order, a division bench comprising Justice S S M Quadri and Justice Y K Sabharwal held that the eviction proceedings cannot be barred because the compromise was not recorded under Rule 2 (order 21) of the Civil Procedure Code.

One Lakshmi Narayan, who owned premises at Namasivaya Chetty Lane in Madras, gave it to S S Pansian for a monthly rent of Rs 5,000. The landlord filed an eviction petition in 1989 and the same was decreed ex-parte in May 1990.

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During the pendency of the execution proceedings, the parties entered into a compromise outside the court on November 7, 1990 which provided that after three years the tenant would vacate the premises. A fresh lease deed was entered into by the parties.

When the tenant did not vacate the premises, the landlord filed a fresh eviction petition and the court directed the tenant to deliver possession of the premises to the landlord. On a plea by the tenant, the trial court recalled the order and the same was confirmed by the High Court.

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