Holding

An executing court cannot modify a decree; the order granting the tenant time to pay was a nullity and the landlord is entitled to possession under the compromise decree.

Summary

Shivshankar Gurgar, a landlord, filed a suit under Section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961 for eviction of his tenant Dilip for arrears of rent. The parties entered into a compromise decree whereby the tenant would pay the arrears within six months, failing which the landlord could take possession. In execution proceedings the court granted the tenant an additional 15 days to pay, the tenant paid, and the execution petition was dismissed. The High Court upheld this dismissal, holding that the compromise decree’s eviction clause was void under Section 13 and that the landlord’s failure to challenge the time‑extension barred him from possession. The Supreme Court held that Section 13 applies only during the pendency of the eviction suit or an appeal, not during execution, and that an executing court cannot modify a decree; the time‑extension order was a nullity. Consequently, the landlord’s right to possession remained intact and the execution petition was allowed.

Issues considered

The validity of the eviction clause in the compromise decree under Section 13 of the Madhya Pradesh Accommodation Control Act, 1961.
Whether an executing court can modify a decree by granting additional time for payment and dismissing the execution petition.
The applicability of Section 148 of the Code of Civil Procedure, 1908 to extend time stipulated in a compromise decree.
Whether the landlord’s failure to challenge the executing court’s order bars his right to possession.
The proper interpretation of Sections 12(1)(a) and 13 of the Madhya Pradesh Accommodation Control Act, 1961 in the context of execution of a decree.

Legislation cited

Code of Civil Procedure, 1908s. 148
Madhya Pradesh Accommodation Control Act, 1961s. 12(1)(a), s. 13(1), s. 13(5)

Subjects

evictionaccommodation control actcompromise decreeexecution of decreeSection 148 CPClandlord-tenantrent arrearsnullitymodification of decree

Judgment

[2014) 1 S.C.R. 18

A SHIVSHANKAR GURGAR
v.
DILIP
(Civil Appeal No. 52 of 2014)

a JANUARY 3, 2014
[RANJANA PRAKASH DES,AI AND
J. CHELAMESWAR, JJ.1

C MADHYA PRADESH ACCOMMODATION CONTROL
ACT, 1961:

ss.12(1)(a) and 13 - Suit for eviction and arrears of rent
- Compromise decree - Tenant to deposit arrears of rent
within stipulated period failing which landlord would be entitled
D to possession - Not complied with by tenant - Execution -
Executing courl granting time to tenant to deposit rent and on
his doing so, dismissing execution application - Held: s. 13
indicates that payment or deposit of rent into court by
judgment debtor (tenant) is contemplated only during the
E pendency of suit for eviction or an appeal (by the tenant)
against a decree or order of eviction - It has no application
to the execution - Further, power of courl to enlarge time uls.
148 CPC can be exercised only in a case where period is
granted by courl for doing any act prescribed by Code - It has
F no application where period is stipulated by agreement
/)etween parlies - Order of executing courl granting time to
tenant to deposit rent being a nullity, failure of landlord to
Challenge it would not deny him the right to recover
possession - Execution petition allowed - Code of Civil
G Procedure, 1908 - s. 148 - Practice and procedure.

DECREE:

Compromise decree - Tenant to deposit arrears of rent

H 18
SHIVSHANKAR GURGAR v. DILIP 19

within stipulated tirqe and on his failure to do so, landlord A
entitled to recover possession - Execution of decree -
Executing court holding the decree as contrary to provisions
of the Act and granting the tenant time to deposit arrears of
rent and on his doing so, dismissing the execution application
- Held: Such an order amounts to modification of decree and s
is without jurisdiction on the part of executing court, therefore,
a nullity - Executing court cannot go beyond the decree -
It has no jurisdiction to modify a decree ;....__ It must execute
the decree as it is -Such a void order can create neither
legal rights .nor obligations - Madhya Pradesh c
Accommodation Control Act, 1961 - ss. 12(1) (a) and 13.

In a suit uls 12(1 )(a) of the Madhya Pradesh
Accommodation Control Act, 1961 for eviction and arrears
of rent, a compromise decree was passed to the effect
that the respondent-tenant would pay the arrears within D
6 months failing which the appellant-landlord would be
entitled to possession. In execution proceedings, the
executing court allowed the tenant .15 days time to
deposit the amount and on such deposit dismissed the
execution application. The executing court further held E
that in view of s. 13(1 )(a) of the Act the compromise
decree insofar as it provided for eviction of the
respondent in the event of his failure to make the deposit
of arrears within the stipulated time was void. The High
Court dismissed the revision petition filed by the landlord- F
appellant on three grounds: (i) that the appellant need not
have entered into a compromise which led to the decree;
(ii) When the execution petition was filed by the appellant
and the executing court granted 15 days time to the
respondent to pay the balance of the arrears of rent and G
since the appellant did not choose to challenge the said
order, it implied that the appellant acquiesced in the said
order, therefore, the appellant-landlord was not entitled
for the recovery of the possession of his property; and
(iii) in view of the fact that the respondent eventually H
20 SUPREME COURT REPORTS [2014] 1 S.C.R.

A deposited the arrears of rent his possession was required
to be protected in view of ss.12(3) and 13(5) of the Act.

Allowing the appeal, the Court

HELD: 1.1. All the reasons given by the High Court are
8 unsustainable in law. The High Court did not examine the
correctness of the conclusion of the executing court that
the compromise decree insofar as it pertained to the
eviction of the respondent in the event of his failure to
deposit the arrears of rent within time stipulated in the
C compromise decree is inconsistent with the provisions of
the Act and, therefore, void. [para 12 and 14] [27-D; 28-A]

1.2. The reasons which compelled the appellant to
enter the compromise are irrelevant for the issue at hand.
o The respondent-judgment debtor cannot flout the
compromise decree with impunity on the ground that his
opponent entered the compromise in view of some
serious dispute about the maintainability of his claim. The
conduct of the appellant in entering the compromise only
E debars the appellant to recover possession within the
period of six months from the date of the compromise
decree whether the respondent paid the arrears of rent
or not till the last date. [para 14] [28-B-D]

1.3. Failure of the appellant to challenge the order of
F executing court dated 23.11.2005 (by which it granted
time to tenant to deposit the rent) would not debar him
from recovery of possession, for the reasons: (i) The only
source which confers powers on the civil court to
enlarge time is found u/s 148 of the Code of Civil
G Procedure, 1908. It is obvious from the language of the
Section, such a power can be exercised only in a case
where a period is fixed or granted by the court for doing
of any act prescribed by the Code. In a compromise
decree such as the one on hand, the stipulation that the
H
SHIVSHANKAR GURGAR v. DILIP 21

judgment debtor is required to make the payment of the A
money within a specified period is a stipulation by
agreement between the parties and it is not a period fixed
by the court. Therefore, s.148 CPC has no application to
such a situation. [para 15] [28-F-G; 29-A-C]

Hukumchand v. Bansila/ and Others 1967 SCR 695 = B
AIR 1968 SC 86 - relied on.

(ii) The order dated 23.11.2005 virtually amounts to
the modification of the decree and is without jurisdiction
on the part of the executing court, therefore, a nullity. It C
is a settled principle of law that the executing court
cannot go beyond the decree. It has no jurisdiction to
modify a decree. It must execute the decree as it is. It is
well settled that such a void order can create neither legal
rights nor obligations. Therefore, the appellant cannot be o
denied his right to recover possession of the property in
dispute on the ground that he did not choose to
challenge such a void order. [para 15-16] [29-C-D, F-G]

Deepa Bhargava and ,Another v. Mahesh Bhargava and
Others 2008 (17) SCR 636 =
(2009) 2 sec 294 - relied on. E

1.4. Section 12(1)(a) of the Act enables the landlord
to evict the tenant if he could successfully establish that
the tenant did in fact fall in arrears of rent and had neither
tendered nor paid the amount within the period specified F
despite a demand.•[para 19] [30-D-E]

1.5. Section 13 clearly indicates that the payment or
the deposit of rent into the court by the judgment debtor
(tenant) is contemplated only during the pendency of the G
suit for eviction or an appeal (by the tenant) against a
decree or order of eviction. Section 13 has no application
to the execution proceedings of a decree for eviction
when the tenant had already been adjudged to be in
default of p(lyment of the rent to the landlord. Therefore, H
22 SUPREME COURT REPORTS [2014] 1 S.C.R.

A the executing court's interpretation of s. 13(1) is
unsustainable. [para 24-25] [33-B-C, D, E-FJ

Smt. Nai Bahu v. Lala Ramnarayan and Others 1978 (1)
SCR 723 = (1978) 1 SCC 58 - held inapplicable.

B 1.6. In the result, neither the judgment under appeal,
nor the executing court's order dismissing the landlord's
execution petition can be sustained. The execution
petition filed by the appellant is allowed. The executing
court will take necessary steps for evicting the
C respondent from the disputed premises and handing
over the possession of the same to the appellant. [para
27] [34-8-C]

Case Law Reference:
0 1967 SCR 695 relied on para 15
2008 (17) SCR 636 relied on para 15
1978 (1) SCR 723 held inapplicable Para 26
EE CIVIL APPELLATE JURISDICTION: Civil Appeal No. 52
of 2014.

From the Judgment & Order dated 28.10.2010 of the High
Court of Madhya Pradesh, Bench at Indore in C.R. No. 173 of
F' 2007.
Raj Kishor Choudhary, T. Mahipal, Neeru Sharma for the
Appellant.

The Judgment of the Court was delivered by
G CHELAMESWAR, J. 1. Leave granted.
2. The appellant filed civil suit under section 12(1)(a) of the
Madhya Pradesh Accommodation Control Act, 1961
(hereinafter referred to as the "Act") for eviction of the
H respondent and recovery of arrears of rent. Cn 16.4.2002 the
SHIVSHANKAR GURGAR v. DILIP 23
[J. CHELAMESWAR, J.]
suit came to be decreed ex parte. ·The said decree came to A
be set-aside on an application filed by the respondent with a
direction to file the written statement and also deposit the entire
arrears within 30 days in the court.

3. On 25.7.2004 a compromise memo signed by both the
8
parties came to be filed under which the respondent
acknowledged his liability to pay arrears of rent to the appellant
to the tune of Rs.11710/- and also costs quantified to Rs.4000/
-. The respondent also agreed to pay the amount within a
period of six months. It was also specifically agreed as follows: C

"H. If the defendant violates any of the aforesaid conditions,
the plaintiff shall be entitled to get the vacant possession
of suit accommodation from the defendant wherein
defendant shall have no objection."
D
4. In view of the said compromise, the matter was referred
to the lok adalat and the civil suit was decreed in terms of the
compromise.

5. On 21.7.2005 the appellant filed an application for the
execution of the compromise decree alleging that the E
respondent failed to fulfil his obligations arising out of the
compromise decree and, therefore, the appellant is entitled to
recover possession of the premises. The events that followed
are narrated by the High Court in the judgment under appeal
as follows- F

"On 04/10/2005 after appearance respondent filed
objections wherein it was alleged that signatures were
obtained by the petitioner on the said compromise under
undue influence and no receipt was issued by the petitioner G
for a sum of Rs.10,000/-, which was paid by the
respondent. The said application was dismissed by the
learned Executing Court vide order dated 24/10/2005 and
it was directed that since the Executing Court cannot go
behind the decree, therefore, warrant of possession be
H
24 SUPREME COURT REPORTS [2014] 1 S.C.R.

A issued. Again on 09/11-/2005 objections were filed in which
adjustment of Rs.25,000/- was claimed. Vide order dated
22/11/2005 objections filed by the respondent was
dismissed, however 15 days time was granted to deposit
the amount. Since the amount was deposited by the
B respondent, therefore, vide order dated 23/12/2005
Executing Court dismissed the execution holding that
since the relief of possession of suit accommodation was
in alternate and the respondent has deposited the amount
though belatedly, therefore, petitioner is not entitled for
c alternative relief and the execution petitioner was
dismissed, against which an appeal was filed on 07/01/
2006 and vide order dated 16/03/2006 learned Appellate
Court held that the Executing Court has no jurisdiction to
go behind the decree but no relief was granted to the
D petitioner against which Writ Petition was filed by the
petitioner on 05/02/2006, which was numbered as WP
No.6163/06 and vide order dated 08.02.2007 Writ
Petition was allowed and the matter was remanded to
the Executing Court with direction to decide the points
framed by the Writ Court for determination."
E
(emphasis supplied)

6. The operative part of the order reads as follows:

"10. It is for this reason, I am constrained to remand the
F
case to executing court for deciding the issue again
arising out of the execution application filed by the
petitioner. The executing court will decide the application
keeping in view the law laid down in Nai Bahu 1 case and
any other case which governs the field and will record
G categorical finding on following issues:

1. Whether compromise decree dated 25.7.2005 is nullity
in so far as it relates to a relief of eviction of respondent
from the suit house?
H 1. Smt. Nai Sahu v. Lala Ramnarayan and others (1978) 1 SCC 58
SHIVSHANKAR GURGAR v. DILIP 25
[J. CHELAMESWAR, J.]

2. If not then wnether default alleged is made out by the A
petitioner so as to entitle him to exec;ute the decree for
eviction?

7. On remand, by the order dated 17.4.2007, the executing
court recorded a finding that the respondent had paid the entire 8
amount due under the compromise decree in the executing
court although such a payment was made beyond the period
of six months stipulated in the compromise decree. Further, the
executing court examined the submission made by the
respondent that in view of section 13(1 }(a) of the Act the C
compromise decree insofar as it provided for eviction of the
respondent in the event of his failure to make the deposit of
arrears within the stipulated time is void. The operative portion
of the order of the executing court reads as follows:

"20. . . . . Hence, in respect of issue No.A it is decided that D
the compromise decree is void in respect of eviction relief
and no such eviction can be ordered contrary to the
provisions of M.P. Accommodation Control Act for default
in payment of rent. Since executable part of compromise
decree has been held to be void, in such circumstances E
the executing court cannot pass an order for eviction for
default in payment of arrears of rent or remaining part of
arrears of rent. Accordingly issue No.B is decided."

8. Aggrieved by the said order, the appellant herein again F
approached the High Court by way of a Civil Revision Petition
No.173 of 2007. The High Court by its judgment under appeal
dated 28.10.2010 dismissed the revision. Hence this appeal.

9. The reasons recorded by the High Court are as follows-
G
"8. Undoubtedly entire rent was deposited by the
respondent. It is also not in dispute that the amount was
not deposited within a period of six months as per terms
and condition of the compromise decree. However, later
on the rent was deposited. Since the ground was available H
26 SUPREME COURT REPORTS [2014] 1 S.C.R.

A to the petitioner under Section 12(1)(a) of M.P.
Accommodation Control Act as the respondent did not
tender the rent within a period of two months from the date
of notice and also did not deposit the rent within one month
from the date of receipt of summons under Section 13(1)
of the Act, therefore, there was no reason for the petitioner
to enter into compromise and condone the delay in
depositing the rent and give further time to the respondent
of another six months to deposit the rent. It appears that
since there was serious dispute between the parties
c relating to the title of the petitioner, therefore, the
concession was given by the petitioner. Vide order dated
23.11.2005 learned Executing Court has further extended
the time by another 15 days for depositing the arrears of
rent keeping in view the good conduct of the respondent.
D 9. From perusal of the order dated 23.11.2005 it appears
that the amount of Rs.10,000/- was deposited by the
respondent on that day only. Thus, vide judgment and
decree dated 25.07.2004 respondent was required to
deposit the arrears within six months which expired on
E 24.01.2005. In execution petition, time was further
extended by 15 days vide order dated 23.11.2005. The
order dated 23.11.2005 was not challenged by the
petitioner, meaning thereby the petitioner agreed with the
order whereby time was further extended.
F
10. Apart from this if the rent is deposited by the tenant
as per Section 13(1) of the Act, then respondent is entitled
for protection against eviction under Section 12(3) and
13(5) of the Act and in case of default for three consecutive
months another suit for eviction can be filed against
G
respondent. In the facts and circumstances of the case, this
Court is of the view that no illegality has been committed
by the learned Executing Court in dismissing the execution
petition in full satisfaction. Hence, petition filed by the
petitioner has no merits and the same is dismissed."
H
SHIVSHANKAR GURGAR v. DILIP 27
[J. CHELAMESWAR, J.]
10. It is argued by the learned counsel for the appellant A
that the executing court erred in coming to the conclusion that
the compromise decree is inconsistent with the section 13 of
the Act and the High Court simply failed to record its finding
on the correctness of the order of the executing court but went
astray. B

11. On the other hand, the learned counsel for the
respondent submitted that the executing court's conclusion that
the compromise decree insofar as it provided for the eviction
of the respondent is void and calls for no interference in view C
of section 13 of the Act even though the High Court failed to
examine the said question.

12. The High Court did not examine the correctness of the
conclusion of the executing court that the compromise decree
insofar as it pertained to the eviction of the respondent in the D
event of his failure to deposit the arrears of rent within time
stipulated in the compromise decree is inconsistent with the
provisions of the Act and therefore void.

13. From the judgment under appeal, the relevant portion E
of which is extracted earlier at para 9, it appears that the High
Court dismissed the case of the appellant on three grounds (i)
that the appellant need not have entered into a compromise
which led to the decree. According to the High Court, such a
compromise was entered into by the appellant as in the view
of the High Court - there was a serious dispute about the title F
of the appellant (ii) When the execution petition was filed by the
appellant, the executing court by its order dated 23.11.2005
granted 15 days time to the respondent to pay th1:i balance of
the arrears of rent. The appellant did not choose to challenge
the said order. According to the High Court, such failure of the G
appellant implies that the appellant acquiesced in the said
order, hence, the appellanUlandlord was not entitled for the
recovery of the possession of his property; (iii) in view of the
fact that the respondent eventually deposited the arrears of rent
his possession is required to be protected in view of section H
28 SUPREME COURT REPORTS . [2014) 1 S.C.R.

A 12(3) and 13(5) of the Act.

14. We are of the opinion that all the reasons given by the
High Court are unsustainable in law.

The reasons which compelled the appellant to enter the
B compromise are irrelevant for the issue at hand. The
respondent/judgment debtor cannot flout the compromise
decree with impunity on the ground that his opponent entered
the compromise in view of some serious dispute about the
maintainability of his claim. The conduct of the appellant in
C entering the compromise only debars the appellant to recover
possession within the period of six months from the date of the
compromise decree whether the respondent paid the arrears
of rent or not till the last date. If the respondent paid the said
amount any time within the period of six months, the appellant
D would be debarred from seeking the eviction of the respondent
on the cause of action which led to the filing of the eviction suit.

15. Coming to the second reason i.e., the failure of the
appellant to challenge the order of the executing court dated
E 23.11.2005 (by which the executing court granted 15 days time
to the respondent to deposit the balance of the arrears of rent)
debar the appellant to recover possession of the property in
dispute is equally untenable, because:

(i) in our opinion, the order of the executing court dated
F 23.11.2005 is beyond his jurisdiction and a nullity. The only
source which confers powers on the civil court to enlarge time
is found under Section 148 of the Code of Civil Procedure
which reads as follows:-

G 148. Enlargement of time - Where any period is fixed
or granted by the Court for the doing of any act prescribed
or allowed by this Code, the Court may, in its discretion,
from time to time, enlarge such period not exceeding thirty
days in total, even though the period originally fixed or
granted may have expired.
H
SHIVSHANKAR GURGAR v. DILIP 29
[J. CHELAMESWAR, J.]

It is obvious from the language of the Section, such a A
power can be exercised only in a case where a period is fixed
or granted by the court for doing of any act prescribed by this
Court. In a compromise decree such as the one on hand, the
stipulation that the judgment debtor is required to make the
payment of the money within a specified period is a stipulation B
by agreement between the parties and it is not a period fixed
by the court. Therefore, Section 148 CPC has no application
to such a situation. We are fortified by the decision of this court
in Hukumchand v. Bansilaf and others AIR 1968 SC 86

(ii) In our opinion, the order dated 23.11.2005 virtually C
amounts to the modification of the decree and is without
jurisdiction on the part of the executing court, therefore, a nullity.

It is a settled principle of law that the executing court cannot
go beyond the decree. It has no jurisdiction to modify a decree. D
It must execute the decree as it is. This Court in Deepa
Bhargava and Another v. Mahesh Bhargava and Others
[(2009) 2 sec 294] held thus:-

"9. There is no doubt or dispute as regards interpretation E
or application of the said consent terms. It is also not in
dispute that the respondent judgment-debtors did not act
in terms thereof. An executing court, it is well known, cannot
go behind the decree. It has no jurisdiction to modify a
decree. It must execute the decree as it is .... "
F
16. It is well settled that such a void order can create
neither legal rights nor obligations. Therefore, the appellant
cannot be denied his right to recover possession of the property
in aispute on the ground that he did not choose to challenge
such a void order. G

17. The third reason of the High Court and the conclusion
of the executing court that the compromise decree insofar as it
provided for eviction of the tenant in the event of his failure to
pay the arrears of rent within a period of six months from the H
30 SUPREME COURT REPORTS [2014] 1 S.C.R.

A decree is contrary to the provisions of the Act are interlinked.
Therefore, we are required to examine the scope of sections
12 and 13 of the Act insofar as they are relevant for the present
purpose.

8 18. Section 12(1) of the Act restricts the right of landlord
to evict his tenant only on the grounds enumerated in the said
section:

12. Restriction on eviction of tenants.- (1) Notwithstanding
anything the contrary contained in any other law or contract,
c no suit be filed in any civil court against a tenant for his
eviction from any accommodation except one of more of
the following grounds only, namely-

19. The only ground urged by the appellant in his suit is
o that the tenant fell in arrears of rent. Such a ground is one of
the grounds in section 12(1)(a) of the Act which enables the
landlord to evict the tenant if he could successfully establish that
the tenant did infact fall in arrears of rent and had neither
tendered nor paid the amount within the period specified under
E Section 12(1)(a) despite a demand. Section 12(1)(a) reads as
follows:-

12(1 )(a) that the tenant has neither paid nor tendered the
whole of the arrears of the rent legally recoverable from
him within two months of the date on which a notice of
F demand for the arrears of rent has been served on him by
the landlord in the prescribed manner."

20. Section 13(1 )2 of the Act stipulates that the tenant shall

G 2. 13. When tenant can get benefit of protection against eviction.-(1) On a
suit or any other proceeding being instituted by a landlord in any of the
grounds referred lb in section 12 or in any appeal or any of other proceeding
by a tenant against any decree or other for his eviction, the tenant shall,
within one month of the service of writ of summons or notice of any other
proceeding within one month of institution of appeal or any other proceeding
by the tenant as the case may be, or within such further time as the court
may on an application made to it allow in this behalf, deposit in the court
H
SHIVSHANKAR GURGAR v. DILIP 31
[J. CHELAMESWAR, J.]
either deposit in the court or pay to the landlord an amount A
calculated at the rate of rent at which it was prayed for by the
landlord for various periods specified therein (the details of
which are not necessary for the present). Such a deposit or
payment is required to be made in two contingencies. They
are:- B
(i) upon institution of the suit for eviction of the tenant
irrespective of the ground on which eviction is sought; or

(ii) in an appeal or in a proceeding by the tenant against
the decree or order of eviction. C

It is further stipulated that such a deposit or payment is required
to be made within a period of one month of the service of the
summons, if the deposit is being made during the pendency
of the suit or within a period of one month from the date of 0
institution of appeal or other proceeding as the case may be.
Further, the said sub-section also recognizes the authority of
the court to extend in its discretion the said period of one month
on an application made to it. Sub-section (2) 3 provides for the
procedure in case of any dispute regarding the rate of rent E
payable whereas sub-section (3) provides for the procedure to
be followed in case of any dispute regarding the person to
whom the rent is payable.

or pay to the landlord, an amount calculated at the rate of rent at which it
was prayed, for the period for which the tenant may have made befault F
including the period subsequent thereto up to the end of the month
previous to that in which the deposit or payment is made and shall
thereafter continue to deposit or pay, month by the 15th of each succeeding
month a sum equivalent to the rent at that rate till the decision of suit, appeal
or proceeding as the case may be.
3. (2) If in any suit or proceeding referred to in sub-section (1) there is any G
dispute as to amount of rent payable by the tenant, the court shall, on a
plea made either by landlord or tenant in that behalf which shall be taken
at the earliest opportunity during such suit or proceeding, fix a reasonable
provisional rent, in relation to the accommodation to be deposited or paid
in accordance with the provisions of sub-section (1) and no court shall,
save for reasons to be recorded in writing, entertain any plea pn this account
at subsequent stage. H
32 SUPREME COURT REPORTS [2014] 1 S.C.R.

A 21. The submission that found favour with the executing
court is that in view of section 13.

" ... the decree of the aforesaid Lok Ada lat that in default
of payment of arrears of rent the judgment debtor shall be
B liable to be evicted, cannot be enforced because
according to Section 13 of M.P. Accommodation Control
Act, if the judgment debtor pays the rent to the landlord
within one month from the date of issuance of summon or
within the stipulated time given by the court on an
application so made by the judgment debtor, then he will
c be entitled for protection from eviction under Section 12
M.P. Accommodation Control Act, thus clearly entire
decreetal amount has been paid in the execution
proceeding, therefore, the judgment debtor shall be entitled
for protection from eviction."
D
22. Sub-section (5) 4 declares that if a tenant makes
deposit or payment as required under sub-section (1) or (2),
no decree or order for recovery of possession of the
accommodation can be passed. Sub-section (5) only protects
E the defaulting tenant in possession in the event of his complying
with the requirement of Section 13(1) or (2) only in those cases
where the eviction is sought on the ground of arrears of rent
falling under section 12(1 )(a).

23. The case of the appellant is one falling under section
F
12(1 )(a) and, therefore, the learned counsel for the respondent
placed reliance on Section 13 (5) to sustain the conclusion of
the executing court. Section 13(5) reads as follows:-

"(5) If a tenant makes deposit or payment as required by
G sub-section (1) or sub-section (2), no decree or order shall

4. (5) If a tenant makes deposit or payment as required by sub-section (1) or
sub-section (2), on decree or order shall be made by the court for the
recovery of possession of the accommodation on the payment of rent by
the tenant, but the court may allow such cost as ii may deem fit to the
H landlord.
SHIVSHANKAR GURGAR v. DILIP 33
[J. CHELAMESWAR, J.]
be made by the court for the recovery of possession of the A
accommodation on the ground of default in the payment
of rent by the tenant, but the court may allow such cost as
it may deem fit to the landlord."

24. A reading of Section 13, in our view clearly indicates 8
that the payment or the deposit of rent into the court by the
judgment debtor (tenant) is contemplated only during the
pendency of the suit for eviction or an appeal (by the tenant)
against a decree or order of eviction. Section 13 has no
application to the execution proceedings of a decree for C
eviction.

25. The language of Section 13(1) is very clear and explicit
in this regard. We fail to understand as to how the Court could
read into Section 13, a possibility of enabling the judgment
debtor (tenant) to protect his possession by making the D
payment during the execution proceedings in spite of the fact
that he had already been adjudged to be in default of payment
of the rent to the landlord. Such an interpretation of Section 13
would be wholly destructive of Section 12(1 )(a). Therefore, not
only the language of Section 13(1 ), but also an irreconcilable E
inconsistency that would arise between Section 12(1)(a) and
Section 13(1) if the interpretation placed by the executing court
is accepted - in our view is sufficient to hold that the. executing
court's interpretation of Section 13(1) is unsustainable.

26. Coming to the decision of this Court in Smt. Nai Bahu · F
v. Lala Ramnarayan and Others (1978) 1 SCC 58, all that this
Court held is that a landlord whose right to seek the eviction of
his tenant is restricted by a statute (to the grounds specified in
the statute) cannot successfully evict the tenant only on the
basis of a compromise decree passed in a suit for eviction of G
the tenant. Apart from the consent of the tenant, one of the
'statutorily stipulated grounds rendering the tenant liable for
eviction must necessarily exist for the validity of such a decree.
In other words, this court held that a tenant who suffered a
consent decree can still raise a question that . none
.
of the
34 SUPREME COURT REPORTS [2014] 1 S.C.R.

A statutory conditions existed which render him liable for eviction
when the consent decree came to be passed.

27. In the case on hand the tenant was clearly in arrears
of the rent which fact is acknowledged by the compromise
8 memo signed by the tenant which was incorporated in the
decree. Looked at any ang!e, we are not able to agree with the
judgment under appeal, nor able to sustain the executing court's
order dismissing the landlord's execution petition. The appeal
is accordingly allowed. The execution petition filed by the
appellant is also allowed. The executing court will now take
C necessary steps for evicting the respondent from the disputed
premises and handing over the possession of the same to the
appellant.

28. In the facts and circumstances of the case, there will
D be no order as to costs.

R.P. Appeal allowed.