Rajeev Gupta
03 February 2019 at 00:46
A compromise decree between landlord and tenant in the court. As per compromise agreement tenant said he vacate the shop after 1 year. Unfortunately after 9 month tenant die. Tenant legal heirs said decree end with the death of tenant and not bound by legal heirs and file a case that new she is as a tenant after the death of original tenat.
Case is pending in the court for long time and she is not present in court and want to delay in execution.
So pls provide the rulling of SC and HC that
Compromise decree bound by the legal heirs of debtor.
Rajeev Gupta
20 December 2018 at 13:41
A compromise Decree between Landlord and Tenant in the court and tenant want time 1 year for vacate the shop. Then compromise submit in the court and court passed the decree. In compromise tenant confirm he vacate the shop after 1 year. After 9 month tenant die.
1.Tenant legal heirs file a new civil suit and challenge the compromise decree on the ground that compromise was not lawful.
2. File Objection under section 47 in the execution court and execution court reject the objection of tenant legal heirs and passed order for vacate the shop to the ameen. Ameen can not vacate the shop and submit the report in the court that required the police force for vacate the shop. Execution court order to S.P. and ask for 1 days police fee. S.P. Office given detail of Rs. 11000/- for 1 days police fee. After that tenant take a long date 2 month.
3. Tenant legal heirs file revision in District Court which dismissed by the district court.
4. After that Tenant legal heirs said he have no knowledge about the compromise and again file new objection under section 47 and 151 in execution court. Tenant legal heirs want cancel the compromise decree and deemed as tenant in place of original tenant.
My question you to
1. Tenant legal heirs no right to file again raise new objection under section 47 and 151.
2. Tenancy end with compromise decree of the court. Compromise between landlord and original tenant.
Please provide the latest High court Allahbad & Suprme Court rulling for the above question
Thanks
Rajeev Gupta
Rajeev Gupta
25 March 2018 at 21:47
In Murder case u/s IPC 302, 504 Ist bail cancel by HC and direction for disposal within 8 month but 24 month passed and trial is pending and accused in jail last 4 year. Any rulling of SC that trial not completed as per direction of HC and accused in jail since last 4 year for granted bail.
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Sir,
After get the Decree (in Febuary 2014) of shop tenant said vacate the shop in December 2014 tenant die in November 2014 and his judgement debtor legal heirs false objection in 47 CPC, then again 115 and continiousaly in other section of CPC decree execution delay i.e. 4 time chalange in District Court and we (Landlord) won all case after that all 4 Judgement challahnge in HC.and HC Dismiss writ. After 7 year decree execute vacate the shop after 7 year of decree.
Rent Agreement Rent is 300 Per Month in 1991
Rent Agreement mention
Tenancy start from 1st day of the month and end of the last day of month.
Rent as per Market Value (I dont have knowledge this is mention in rent agreement , because this written by my grandfather in 1991)
Rent Agreement not registered
Suit File : October 2006
Decree : December 2014.
Till december 2014 rent deposit in the court
from December 2014 to March 2021 not receive any rent.
Current Rent as per Market value is 3000 Per Month
During the period from december 2014 to March 2021 use this shop by his brother with the help of legal heirs of Original Tenant.
My Question is
1. We can take Rent Difference as per Market Value from October 2006 suit file date. As per Actual Market Value Calculation
or
2. we can take rent only December 2014 (Decree Date) to March 2021.i.e. Rs. 189000/-
3. Compensation After the Court decree December 2014 and during 7 years in March 2021 we have won the all 6 No. Case filed by the Judgement Debtor (4 No. in District Court & 2 No. in High Court) for Execution of the Court Decree. We take receover the Advocate Fee, other Expense for the legal battle of execution of decree. Approx. 3 Lac
4. Court fee Amount if required.
Pls confirm and send case for this case
Thanks You
Rajeev