KAMAL KISHORE RATHI Vs. DINKAR RAJIMWALE

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India for queshment of the order dated 13.12.1996 (Annexure P -1) passed in C.R. No. 134/92 by District Judge, Raipur affirming the order dated 23.7.1992 passed in Execution Case No. 60/78 passed by the IIIrd Civil Judge, Class I, Raipur, for issuance of warrant of delivery of vacant possession of the shop, in dispute, to the respondent No. 1.

(2.) FACTS giving rise to this petition are thus : The petitioner is a landlord who instituted a civil suit No. 80 A/78 for eviction of the tenant the respondent No. 1 from shop No. 6/122, in area 7' x 20', situate at G.E. Road, Raipur on the averment under section 12(1)(h) of the M.P. Accommodation Control Act, 1961 (for short 'the Act'), that the accommodation is required bona fide for the purpose of re -holding and such re -building cannot be carried out without the accommodation being vacated. During the pendency of the suit the parties entered into a compromise and a decree (Annexure P -3) dated 27th July. 1981 was passed on the following terms agreed upon between the parties:

(3.) THE executing Court rejected the objections holding that in terms of the compromise decree the tenant has not violated any condition in particular condition No. 5 nor there is any allegation to that effect. The conduct of the petitioner is not clean, he avoided the delivery of possession for about seven years of the property specified in the compromise decree. The respondent No. 1 has opted his right of taking possession and or of re -entry in terms of the compromise decree and not under the provisions of the Act. the compromise decree is not barred by any statutory provisions therefore, the respondent No. 1 is entitled to get the decree executed. Hence the executing Court directed the petitioner to deliver the possession of the shop of the area in terms of the compromise decree of the map annexed with the execution application.