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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saral Srivastava,J.
Suresh Kumar Sharma – Appellant
Versus
Khanna Automobiles – Respondent
JUDGMENT :
Saral Srivastava, J.
1. Heard Sri P.K. Jain, learned Senior Counsel assisted by Sri Ashish Agrawal, learned counsel for the revisionists and Sri D.P. Singh, learned Senior Counsel assisted by Sri Rahul Pandey, learned counsel for the respondents/Opposite Parties.
2. The revisionists are the plaintiffs in S.C.C. Suit No.63 of 2008 and have preferred the present Revision against the judgement and order dated 08.04.2009 passed by the District Judge/Judge, Small Causes Court, Ghaziabad whereby he has dismissed the suit of the plaintiffs/revisionists.
3. For the convenience, the revisionists are referred to as 'plaintiffs' and respondents are referred to as 'defendants'.
4. The plaintiffs instituted S.C.C. Suit No.63 of 2008 for eviction of the defendants from Shop No.3 situated at Ground Floor Building, Nagar Nigam No.537-A, Purva Ismail Khan being constructed on G.D.A. Plot No.56, Ambedkar Road, Ghaziabad (hereinafter referred to as the ‘shop’).
5. The plaintiffs’ case is that the defendants are the tenants of the shop, of which plaintiffs’ mother was the owner, and after her death on 24.05.2008, the plaintiffs being legal heirs became the owner of the shop.
6. It is stated that i
Compromise deeds creating new rights in property require registration under Section 17(1)(d) of the Registration Act, 1908 to be enforceable.
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.
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
(1) Family settlement only declares rights which are already possessed by parties. An aggrieved person can seek enforcement of family settlement in a suit for declaration wherein family members have ....
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.
No eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into a compromise and that the invalidity on that count can even be raised in execution.
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.
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