Mediation compromise decree executable / again litigation?
(Querist) 10 July 2018
This query is : Resolved
I have executed Compromise Decree (in Boanafied Need Case) under that decree there is clause about vacating block which is binding to both which says
Clause 9 "In case of PLAINITFF (LandLord) needs the block then he will give 6 months notice to defendant ie his tenancy will be terminated and defendant shall vacate piecefully within 6 months failing which plaintiff can seek due legal procedure for getting vacated and defendant is liable for damages from date of termination."
Events : In 2012 Bonafied Need Case filed (u/s 16(g) of MhRent Control Act 1999) in 2012, at the time of WS/reply of defendant both parties executed Compromise Decree before Mediation..with above clause 9 regarding vacation" Then After 4 years (2016) since we needed a shop so we gave written letter to defendant in Oct16.. then after 8 months ie in Jun17 we refunded / transferred the security deposite directly to his a/c along with letter of intimation and ask him to vacate as per clause 9.
Tenant refused by sending letter along with cheque of our SD in Jul17.
Then in Sep17 we filed decree for execution...
The defendant counsel is arguing before hon'ble court that as per Clause 9 the plainitff shall prove the need again before court"
But my lawyer says since defendant has accepted compromise in earlier bonafied need case that itself implies that he has accepted the need of landlord and voluntarily executed the compromise decree to avoid litigating expenses/ to keep co ordial relation.... So as per Clause 9 .. the need of LL is not required to prove again ... and the meaning of using legal procedure is to file execution case... and get it vacated...
(Expert) 10 July 2018
At the out-set, the understanding or compromising before the Mediation is not referred and called as Compromise Decree.Indeed, it is compromise understanding between the litigant parties to agree for settlement whereas, the same is not binding. Mediation Center is not a court but a machinery for settlement mutually upon the recommended principles as suggested. The Mediation Centre only refer the matter with a note that the concern litigation parties have tendered their willingness to settle the dispute out of court, but the court thereafter its perusal and records of the given understanding will pass the necessary order/s or deliver judgment that can be considered as the COMPROMISE DECREE. It that being your case then same cannot be challenge but the Mediation recommended principles cannot be considered as Compromise Decree and the same can be challenge as unagreeable.