What is preffered : Compromise Decree or Compromise Agreement?
Struggling Landlord
(Querist) 10 June 2011
This query is : Resolved
I have filed case against a tenant for possession due to non payment of rent in district court under MhRC (Rent Control) 1999 act. After some time tenant negotiated with me and we came to a compromise settlment. Now we have 2 choices to get compromise done in writing.
1. To execute compromise decree before court.
2. To execute registered compromise agreement outside the court and withdraw the litigation
Please suggest me what is preffered way ? with reasons
Thanks in advance
prabhakar singh
(Expert) 10 June 2011
the best is to get it recorded in court only.
PALNITKAR V.V.
(Expert) 10 June 2011
To get a compromise decree is the best option because it is executable and secondly, it is difficult to retract from it.
Chanchal Nag Chowdhury
(Expert) 10 June 2011
It is always advisable to obtain a compromise decree from court. Remember that tenancy is a special enactment & even a compromise decree has to abide by the applicable tenancy law.
The other option is not only costly & cumbersome, it may not withstand scrutiny in court should the other side play foul.
bhagwat patil
(Expert) 11 June 2011
Besides agreement decree is best option