Stranger claiming unlawful possession via tenant's oral sale promise lacks locus to obstruct eviction decree execution; suppression of facts and false pleadings abuse process, warranting dismissal with exemplary costs.

JUDGMENT :

AJIT B. KADETHANKAR, J.

Rule. Rule made returnable forthwith. Pleadings are complete by the contesting parties. At the instance of parties, the Writ Petition is heard for final disposal.

1 . Introduction:

The case is about execution of an eviction decree ordered in 2011 arising out of eviction proceeding of 1992. Execution remained pending for decades on account of failure of the executives and at the instance of a stranger to the litigation. The Petitioner who purports himself to have been orally assured by the tenant that the tenant shall sell out the 'subject-matter tenanted property' to the petitioner, challenges the execution of possession warrant under eviction decree ordered against the tenant.

2 . Subject-matter:

'Subject-matter property' is a leasehold property owned by the City and Industrial Development Corporation Ltd. (‘C.I.D.C.O.’ for brevity). Lessee rented out it to the Respondent No. 4, a company. An eviction proceeding was filed by the Lessee against the tenant company in 1992 which reached upto this Court. In 2011, this Court ordered eviction of the Tenant within a stipulated time. An execution proceeding was undertaken by the Lessee before the Rent Control Officer. In 2015, Execution was ordered by the Rent Control Officer after giving notice to all the concerned. Possession warrant was issued in 2023. The Petitioner, a stranger lodged objection that a word was given by the Tenant to him that the tenant shall sell out the 'subject-matter property' to him. Contending to have entered into possession of the 'subject-matter property' on the basis of the word, the Petitioner instituted atleast 06 proceedings including three Writ Petitions to cancel the possession warrant. Under the orders of this Court, the Rent Control Officer heard the Petitioner and rejected his objection. Hence the Petitioner has lodged present Writ Petition.

3 . Facts of the case:

i. The subject matter property was leased out by the C.I.D.C.O. to one M. N. Wankhede on 07-12-1973. By obtaining permission from the C.I.D.C.O., the Lessee constructed a residential house thereon. Consequent to the death of the Lessee in 1978, his daughter namely Kanta Sadashiv Dahat placed her feet into the shoes of the Lessee by approval of the C.I.D.C.O.

ii. The subject matter property was tenanted by the Lessee to the respondent no.4- Ms. Ellora Steels Pvt. Ltd. The tenant company defaulted the rent. On 06.10.1992, the Lessee filed a proceedings against the tenant/respondent no.4 for eviction under Section 12(2) (1), 15(b)(iii), 19(3) of the Hyderabad Rent Control Act. The said proceedings was dismissed vide order dated 29.12.1994.

iii. A Rent Appeal bearing no.4 of 1995 filed by the Lessee/respondent no.3 was dismissed by the District Court, Aurangabad on 07.12.1999. The Lessee filed Civil Revision Application No.781 of 2000 in this Court against dismissal of his Eviction Proceedings.

iv. Vide its judgment and order dated 09.12.2011, this Court allowed the Civil Revision Application and directed the tenant/respondent no.4 to hand over possession of the 'subject-matter property' to the Lessee therein on or before 31.03.2012.

v. The respondent no.4- tenant sought review of the order passed in the Civil Revision Application No.781/2000. Vide order dated 14.09.2012 passed in Civil Application No.143 of 2012, the Review Application came to be dismissed. vi. Failure on the part of the Respondent No. 4 to evict the 'subject-matter property' in terms of the directions passed by this Court, constrained the Lessee- Respondent No.3 to file Execution Proceedings before the Rent Control Officer (‘RCO’ for brevity).

vii. In the meantime, the Lessee executed a Deed of Assignment with Lessor’s approval in favor of the Respondent No. 3 namely Ms.Rachana Madrewar in respect of the 'subject- matter property'. The instrument was duly registered in the office of the Sub Registry Aurangabad. The C