LAWS(BOM)-2022-12-120

SHRICHAND Vs. AHAMED ISMAYIL

Decided On December 08, 2022
SHRICHAND Appellant
V/S
Ahamed Ismayil Respondents

JUDGEMENT

(1.) The issue involved in the present petition is somewhat unique. Whether defendant in a suit for eviction filed under the provisions of the Maharashtra Rent Control Act, 1999, who compromises it before National Lok Adalat by inviting a decree can subsequently question executability of that decree?

(2.) The respondents/landlords filed Regular Civil Suit Nos. 31/2008, 32/2008 and 33/2008 respectively for possession of suit property against petitioners/tenants under the provisions of Maharashtra Rent Control Act 1999 ('the Rent Act'). During pendency of those suits, parties entered into compromise terms under which petitioners/tenants agreed for redevelopment of the property and the respondents/landlord agreed to hand over shops admeasuring 240 sq.ft. in the redeveloped building within a period of one year from the date of demolition of old structures. Petitioners /tenants agreed to pay consideration amount of Rs.10,00,000.00 to the respondents/landlords. On 9/12/2017, the suit was decreed in terms of the compromise before the Lok Adalat.

(3.) As the Petitioners/tenants failed to hand over possession of their shops for demolition, respondents/landlord instituted execution proceedings bearing Regular Darkhast Nos.02/2018, 03/2018 and 04/2018 Execution applications were opposed by petitioners/tenants by raising various objections. In the execution proceedings, respondents/landlords filed applications for temporary possession of the premises for construction of new building, which came to be allowed by the executing court by order dtd. 18/2/2021 repelling the objections of petitioners/tenants.