Summary
Tenants appealed a compromise eviction order after a delay of 604 days, alleging police pressure. The Supreme Court found that allegation prima facie acceptable on the record and noted that a statutory eviction ground still had to be established despite compromise. It restored condonation of delay, directed a merits hearing, and imposed additional costs.
Issues
- Whether the appellate court’s condonation of the tenants’ 604-day delay should be restored in light of alleged police coercion.
- Whether compromise alone permitted eviction without satisfaction of a statutory ground.
Provisions considered
- Sections 10(2)(ii)(a) and 10(3)(c), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960Eviction on the pleaded statutory grounds required the Controller’s satisfaction that a ground existed; the compromise did not dispense with that jurisdictional requirement. (¶¶ 11, 12, 14)
Held
- The earlier compromise, addressed to the police and preceding the eviction petition, together with the undisputed complaint and inconsistent landlord position, made the coercion allegation prima facie acceptable. Where reasonable doubt existed that police pressure produced the compromise, the court process should favour an opportunity for the alleged victim to contest it. (¶ 10)
- Parties cannot confer power to evict outside the applicable Rent Act merely by compromise. Statutory satisfaction may be supported by material or clear admissions, but the order here did not indicate that any particular eviction ground was made out. The invalidity of an eviction order lacking the statutory basis may also be raised in execution. (¶¶ 12, 13, 14)
- The appellate court correctly condoned the delay, leaving the appeal to be decided on merits. In view of the delay exceeding six hundred days, additional costs of fifty thousand rupees were imposed, payable within six weeks over and above the appellate court’s costs. (¶ 15)
Result
Appeals allowed; the appellate court’s delay-condonation order restored and the tenants’ appeal directed to be heard on merits. Additional costs of Rs.50,000 payable to the respondent within six weeks.