A consent decree is executable, and execution proceedings may be initiated based on terms of the compromise, with the court enforcing obligations without needing a fresh suit.

CAV ORDER

(PER: HON'BLE MR JUSTICE R DEVDAS)

This Civil Revision Petition is filed by the petitioner, tenant, aggrieved of the impugned order passed by the Executing Court, directing eviction of the petitioner from the suit schedule property.

2. Undisputed facts leading to the execution case being filed at the hands of the respondent are that the respondent had filed O.S.No.755/2011 against the petitioner herein, for ejectment, arrears and for future mesne profits. During the course of the suit, a compromise agreement was entered into, during mediation and the suit was decreed in terms of the agreement, that the defendant agrees that the arrears of rent payable to the plaintiff calculated till the month of January 2011 is Rs.9,17,500/- and the defendant paid the said amount under two cheques, which was acknowledged by the plaintiff. The plaintiff agreed to let the defendant continue as lessee in the suit premises for the unexpired period of lease in terms of the registered lease deed dated 01.08.2001, subject to the defendant continuing to pay the monthly rentals; to pay the property tax, each year regularly and promptly till the expiration of the lease period and the defendant undertook to pay the insurance premia till the expiration of the lease period. The defendant agreed that in the event of her committing default of payment of the agreed rent for a continuous period of three months or in the event of her default in paying the yearly property tax to BBMP or in default of paying the insurance premia regularly and in the event of breach of any other terms and conditions of the lease deed, the plaintiff is entitled to enforce the reliefs against the defendant as claimed in the plaint, without any objections from the defendant. The decree was accordingly drawn.

3. However, according to the respondent-plaintiff, the petitioner herein defaulted in payment of the monthly rents for four consecutive months, between July 2015 and October 2015. The petitioner did not pay the property tax for the years 2014-15 and 2015-16. The petitioner failed to furnish a copy of the insurance premia in respect of the suit premises for the years 2013-14, 2014-15 and 2015-16.

4. The respondent proceeded to file an Execution Petition praying for eviction of the judgment debtor from the suit premises in view of non-compliance of the terms and conditions of the compromise decree and further prayed for delivery of the vacant possession of the schedule property. The petitioner herein entered appearance and filed statement of objections contending that the petitioner is ready and willing to comply with the conditions imposed in the compromise decree. However, the respondent has not claimed the rental cheques for the month of June 2016 as he was abroad and not available. It was contended that despite receiving the monthly rentals the respondent is not issuing receipts. It was admitted that there was some delay in sending rental cheque for the month of June 2016. It was contended that the petitioner has paid the monthly rental for the month of October 2015. It was contended that the property tax paid receipts for the years 2012-13 to 2015-16 were produced before the Executing Court as Annexures ‘F’, ‘G’ and ‘H’. It was contended that the petitioner has paid the insurance premia and has produced copies of the insurance policy for the period 05.03.2016 to 04.03.2017.

5. Learned Senior Counsel Sri V.Lakshminarayana appearing for the petitioner contended that even for the sake of argument, it is true that the petitioner violated any of the terms and conditions of the compromise decree, that will not enable the respondent to file an execution petition. Reliance was placed on Sudhir Kumar and Others Vs. Baldev Krishna Thapar