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2022 Supreme(Bom) 1574

SANDEEP V. MARNE
Shrichand @ Chandanmal Sugnamal Panjwani – Appellant
Versus
Ahamed Ismayil Valodia – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sharad V. Natu.
For the Respondents: Mr. R.S. Wani.

JUDGMENT :

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/- to the respondents/landlords. On 9th December, 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 executio

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