Common Contracts

Contract

Eviction Order • December 22nd, 2016

• Contract Type
  Eviction Order
• Filed
  December 22nd, 2016

is a contract to the contrary. There was an express contract to the contrary contained in the compromise petition which was incor­ porated in the compromise decree passed by the Court”. In these circumstances, since there was no assignment of arrears of rent in favour of the vendee, the tenant could not be ejected for non payment of such arrears. Since in the present case there was no assignment of arrears of rent in favour of the vendee, the second question as to whether the rent due for a period prior to the sale could be claimed by the vendee as arrears of rent need not be gone into this petition. Consequently, this petition succeeds. The eviction order is set aside and the ejectment application is dismissed with no order as to costs.