DILSHAD HUSSAIN Vs. ALLOJU MALLIKARJUN RAO

JUDGEMENT

(1.) THE respondent is the owner of premises bearing No. 9-2-2, J. P. N. Road, warangal, and the petitioners are tenants thereof. The respondent filed o. S. No. 1045 of 2003, in the Court of Principal Junior Civil Judge, Warangal, for eviction of the petitioners. The subject matter of the suit was settled between the parties, through medium of Lok Adalat, and an award came to passed on 29. 1. 2004. It was agreed that the petitioners shall be entitled to continue as tenants, up to 31. 12. 2006, on revised rents, with periodical enhancement.

(2.) ALLEGING that the petitioners did not vacate the premises even after 31. 12. 2006, the respondent filed E. P. No. 17 of 2007. The E. P. was opposed by the petitioners, on the ground that though the revised terms of tenancy were agreed, in the award passed by the Lok Adalat, the consequence of the violation thereof, was not provided for. Through its order, dated 23. 8. 2007, the executing court allowed the E. P. , and issued a warrant for eviction of the petitioners. The same is challenged in this CRP.

(3.) SRI Ghanshyamdas Mandhani, learned counsel for the petitioners, submits that the award passed by the trial court, does not have any effect, more than extending the tenure of lease, and if the respondent is interested in evicting the petitioners, he has to institute separate proceedings, in accordance with law. He contends that the order passed by the executing court cannot be sustained.