MIRZA SHARIQUE BAIG Vs. MOHD. NASIM

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned counsel appearing for the parties.

(2.) The question that arises for consideration in this petition is, whether a compromise decree passed by the Court of Small Causes, was an executable decree or a nullity or that it had merely recorded terms of compromise that gave rise to a fresh landlord-tenant relationship with all the protection afforded by the Maharashtra Rent Control Act, 1999 (hereinafter referred to as the "said Rent Control Act"), being available to the tenant, as a consequence of which, the landlord would have to institute fresh proceedings for eviction of the tenant. In order to appreciate the rival contentions raised on behalf of the parties, it would be necessary to refer to the facts leading to filing of the present petition.

(3.) The respondent i.e. the landlord filed suit against the petitioners i.e. the tenants seeking recovery of possession under Sec. 16(1)(e)(ii) and (g) of the said Rent Control Act on the grounds of unlawful subletting and bona fide requirement. The petitioners filed their written statement opposing the pleadings stated in the plaint. The suit was filed in the year 2011. It is also an admitted position that the respondent had earlier filed a proceeding bearing M.J.C. No.21/2004, before the Small Causes Court against the petitioners for fixation of fair rent, which was allowed and the petitioners were directed to pay rent at the rate of Rs.10.00 per square feet per month towards rent from the date of the initiation of the proceedings. The petitioners filed Misc. Civil Appeal No.14/2016, challenging the said judgment and order fixing fair rent in the aforesaid manner. It is during the pendency of the said appeal that in the aforementioned suit bearing Regular Civil Suit No.01/2011, filed by the respondent seeking eviction of the petitioners, an application was filed jointly by the rival parties before the Small Causes Court under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) for passing a decree on compromise. In terms of the said application, the Small Causes Court passed compromise decree, recording that the parties admitted the contents of the compromise, as a consequence of which, the suit was disposed of and the compromise decree was drawn up. The terms of compromise read as follows: