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APURBA SINHA RAY
Jaspal Singh Chandhok – Appellant
Versus
Gobin Chand Seal – Respondent
JUDGMENT :
(Apurba Sinha Ray, J.) :
1. The instant execution proceeding is being resisted from the side of the judgment-debtor contending that the instant execution proceeding is not maintainable. The original suit being CS No. 922 of 1986 was decreed on consent and according to the judgment-debtor, he has surrendered his tenancy in respect of shop room no. 1A and thereafter was inducted as a tenant in respect of a different shop room being shop room no. 1A/1 on the ground floor of premise no. 30, Ganesh Chandra Avenue, Kolkata – 700013 and as such there was a fresh induction of the judgment-debtor by the terms of settlement concluded before the Learned Court.
2. The judgment-debtor has further submitted that the decree dated 23.06.2014 stood satisfied upon the induction of the judgment-debtor as per terms of settlement and the incident of such subsequent tenancy would be governed by the provisions of West Bengal Premises Tenancy Act, 1997 irrespective of contrary contention in the terms of settlement.
3. He has further submitted that when there is a fresh induction the relation between the tenancy should be governed by the West Bengal Premises Tenancy Act, 1997 and the tenant canno
A compromise decree creating a fresh tenancy must comply with statutory provisions governing eviction proceedings; execution of such a decree without adherence to the law is impermissible.
A purely declaratory decree that creates a fresh lease is non-executable; ejectment requires a separate suit per law.
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.
Subsequent purchasers possess the legal right to execute possession decrees under CPC without needing an assignment of the decree.
A compromise decree in such cases where eviction is sought under Rent Control Legislation, is capable of execution or not, will depend on the facts of each individual case.
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
The main legal point established in the judgment is that a person who suffered a decree for eviction under the West Bengal Premises Tenancy Act, 1956 cannot be regarded as a tenant and is not entitle....
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