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NIDHI GUPTA
Ritika Goyal – Appellant
Versus
Nanu Ram Goyal Construction Co. Pvt. Ltd. – Respondent
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 premises were taken on rent by the petitioners from the respondent/landlord vide rent agreement dated 05.11.2007. As a dispute arose between the parties in the year 2010 on various counts, the respondent filed a suit for ejectment against the petitioners. However, during pendency of the said suit, the matter was compromised between the parties and said civil suit was decreed in terms of compromise vide Judgment and Decree dated 30.10.2014 (Annexure P3 collectively).
3. As per terms of compromise, the petitioners underto
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 ....
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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