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NIDHI GUPTA
Ritika Goyal – Appellant
Versus
Nanu Ram Goyal Construction Co. Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the tenancy and disputes. (Para 1 , 2 , 3 , 4) |
| 2. petitioners' arguments about vacating premises. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. evidence and assertions of petitioners' bona fide intention. (Para 11 , 12 , 13 , 14 , 15) |
| 4. legal standards for introducing evidence in court. (Para 16) |
| 5. counterarguments by the respondent. (Para 18 , 19 , 20 , 21 , 22) |
| 6. court's analysis and final judgment. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. conclusion of the civil revision. (Para 33 , 34) |
JUDGMENT
Ms. Nidhi Gupta, J.
Present Civil Revision has been filed seeking setting aside of order dated 23.07.2018 (Annexure P1) passed by learned Civil Judge (Junior Division), Faridabad whereby the objections of the petitioners have been dismissed; and order dated 01.10.2018 (Annexure P2) passed by learned Additional District Judge, Faridabad whereby the petitioners' appeal against above said order has also been dismissed.
2. Brief facts of the case are that petitioners were tenant in the demised premises describable as shop No.4 at ground floor, SCO No.102-103, Sector 16 Market, Dwarka Complex, Faridabad (hereinafter referred to as 'the demised premises'). The said
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.
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....
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.
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 ....
Executing court cannot revisit decree executability on identification grounds adjudicated earlier; must enforce as stands, applying restitution for demolished possession via reconstruction.
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.
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