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ILESH J. VORA
Laxminarayan Khadayat Vanik Trust – Appellant
Versus
Rupeshbhai Tribhovanbhai Solanki – Respondent
JUDGMENT :
1. Challenge in this petition under Article 227 of the Constitution of India is to the order dated 29.08.2018, passed below Exh.35 in Execution Petition No.327 of 2014, by which the Executing Court, in order to execute the decree of possession, issued possession warrant as prayed by the decree holder-respondent herein.
2. Facts and circumstances giving rise to file present petition are that, the petitioner Laxminarayan Khadayat Vanik Trust, being a community trust, possessed immovable property at City: Vadodara, Gujarat. In the property admeasuring 6000 square feet, the trust had constructed shops and offices on the said property. The respondent-Rupesh Solanki being a tenant was in possession of two shops namely no.5 and 6 at the ground floor of the property and since 2000, he was enjoying the tenancy rights in relation to the two shops. The respondent-plaintiff filed Rent Suit No.6 of 2013 and sought a relief of permanent injunction and declaration joining the petitioner-trust and its two trustees who are in management of the trust. In the suit, it was apprehended by the plaintiff that, the trust wants to sell the suit premises and to evict him from the property, some unk
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.
The main legal point established in the judgment is that a person who approaches the court with unclean hands cannot be granted relief, and dishonest litigants cannot abuse the process of the court.
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.
A compromise decree recognizing pre-existing tenancy rights does not require registration, upholding the right to execute it based on agreed terms under the Civil Procedure Code.
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 trial court's dismissal of the suit was upheld, emphasizing that the plaintiffs had alternative remedies under the Code of Civil Procedure, making the suit not maintainable.
The executing court possesses the authority to remove illegal constructions made during litigation to ensure complete enforcement of possession decrees.
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