HARISH RAMNATH GUPTA Vs. BAPUNAGAR COOPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) The petitioners herein are original defendants in execution proceedings filed against them by the respondent - original execution plaintiff.

(2.) The respondent filed a suit for recovery of possession of suit premises against the petitioners on the ground of arrears of rent before the competent Court. During pendency of the said rent suit, the parties entered into compromise in writing vide Exh.43, which came to be recorded by the learned Judge.

(3.) There is no dispute that pursuant to the compromise recorded by the Court, suit came to be decreed in terms of compromise. As the petitioners - original tenants did not obey the terms of compromise and decree, the respondent - landlord had to file Rent Execution Petition No.129 of 2016 before the Small Cause Judge, Vadodara. During pendency of the execution proceedings, the respondent - landlord vide Exh.19 requested the executing Court to give the vacant and peaceful possession of the suit property as per the decree after removal of the construction thereon made by the petitioners - original tenants and if they fail to do so, it be done through the bailiff at the cost of the respondent - landlord. After hearing the parties at length, the Judge, Small Cause Court, Vadodara vide order dtd. 5/7/2019 in Rent Execution Petition No.129 of 2016 allowed the application, Exh.19 and issued possession warrant against the petitioners - original tenants in respect of the suit premises. It is that very order, which is under challenge before this Court invoking jurisdiction under Article 227 of the Constitution of India.