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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Bhaskar Jagannath Gadekar – Appellant
Versus
Deputy Collector @ Rent Controller – Respondent
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
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 wi....
A third party not involved in the original suit lacks standing to object to the execution of a decree under Section 47 of the Civil Procedure Code.
The main legal point established in the judgment is the requirement for the appellant to substantiate his claim of independent tenancy rights under Order 21 Rule 97 of the Code of Civil Procedure, 19....
Petitioner was having tenancy rights and accordingly, he raised objection before the Executing Court to decide his right of tenancy, therefore, it is necessary for him to produce certain documentary ....
Eviction proceedings under the Goa Buildings (Lease, Rent & Eviction) Control Act are valid if the tenant fails to deposit rent as required, and the landlord's bona fide requirement can justify evict....
The main legal point established in the judgment is the need for caution in accepting compromise petitions and passing ex parte orders of eviction to prevent abuse of the court process.
The executing court affirmed that a valid compromise decree must be executed regardless of the landlords' objections, emphasizing the importance of compliance with contractual obligations.
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
Tenancy and Land laws - Eviction - There is nothing that petitioners have been able to bring forth to indicate that finding has been arrived at by a misreading of facts or omitting relevant evidence ....
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