Nagindas Ramdas v. Dalpatram Ichharam AIR 1974 SC 471

The question was whether a compromise decree for eviction could be passed because the Rent Act enjoined the eviction only on the satisfaction of the court. The respondent landlord in that case instituted a suit under the Bombay Rent Act, 1947 for possession against the tenant on two grounds, namely, arrears in payment of rent and bona fide requirement of the premises for personal use and occupation. A compromise decree was passed. When the appellant applied for execution of the decree the tenant contended that the compromise decree had been passed by the Rent Court without satisfying itself as to the existence of grounds of eviction under the Act and hence being a nullity was not executable. It was held by this Court that the public policy permeating this Act was the protection of tenants against unreasonable eviction. Construing the provisions of Sections 12, 13 and 28 of the Act in the light of the said policy, it should be held that the Rent Court under the Act was not competent to pass a decree for possession either in invitum or with the consent of the parties on a ground which was de hors the Act or ultra vires the Act. The existence of one of the statutory grounds mentioned in Sections 12 and 13 was a sine qua non to the exercise of jurisdiction by the Rent Court. Parties by their consent could not confer jurisdiction on the Rent Court to do something which, according to the legislative mandate, it could not do.