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MANMEET PRITAM SINGH ARORA
Allahabad Bank Now Known As Indian Bank – Appellant
Versus
Chetan Gadi Through Its Attorney Sh. Narender Kumar Gadi – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral) - The present appeal impugns the orders dated 17.11.2023 passed by the Additional District Judge-07 (West), Tis Hazari Courts, Delhi in Ex. No.353/22, titled as Chetan Gadi v. Allahabad Bank (`Executing Court') whereby the Executing Court dismissed the objections filed by the Appellant and vide separate order dated 17.11.2023 the Executing Court directed for issuance for warrants of attachment against the movable properties of the Appellant.
1.1. The Appellant is the original judgment debtor and the Respondent is the original decree holder before the Executing Court.
1.2. The execution petition arises out in pursuance of the order dated 14.12.2023 passed in the Civil Revision Petition bearing No. 121/2019 passed by the Coordinate Bench of this Court, titled as Chetan Gadi v. Allahabad Bank (`Revision Petition') filed by Respondent against the Appellant herein.
1.3. In the Revision Petition, the Coordinate bench of this Court partly decreed the civil suit of the Respondent filed before the ADJ-01, West/Tis Hazari Courts, Delhi in Civ DJ/612585/2016 (`Trial Court') with respect to the recovery of possession of the premises A-3/32, Ground Flo
The court emphasized the importance of adhering to the unequivocal directions given in a decree and highlighted the right of the Appellant Bank to seek adjustment of the advance rent deposit against ....
Tenants must compensate landlords for use and occupation of premises at market rates post-eviction decree, irrespective of prior contractual agreements.
The main legal point established in the judgment is that the tenancy terminated with the passing of the eviction order, and the tenants were liable to pay use and occupation charges to reasonably com....
Tenant cannot claim himself/herself to be tenant qua the premises in question after passing of eviction order and courts after passing of eviction order can always put the tenant of premises to terms....
The main legal point established in the judgment is that the court has the jurisdiction to direct payment of admitted rent or usage charges during the pendency of a suit, and the landlord is entitled....
The court established that occupational charges must be reasonable and based on a fair assessment of the property, especially in cases involving ex-parte decrees.
The main legal point established is that a party cannot evade its liability to pay occupation charges to protect its possession over the subject property, and the determination of such charges should....
Tenants must pay occupational charges at market rates post-eviction decree, regardless of previous rental agreements, ensuring landlords are compensated for loss of property use.
Appellate courts have discretion in awarding stay conditions but cannot modify final orders unless new substantial evidence justifies such action; past decisions are binding under the principle of re....
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