Rent control original petition - reg.

Vasudevan (Querist) 13 December 2023 This query is : Resolved
Respected Learned Experts. I had filed a case for eviction and repossession of a rented property. After a period of 3 years of case. the tenant's advocate has informed the court that they want to vacate the property. The judge has instructed to file petition accordingly. If a joint compromise petition is filed, I had been informed that the case shall be dismissed accordingly. If the tenant thereafter refuse to vacate the premises, whether I can restore/reopen the case? As I am appearing as party in person, I request the Learned Expert to guide in this matter. Please mention the clauses to be included in the petition so as my right of repossession shall not be changed. Thanks to all the Learned Experts in anticipation.

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A landlord filed for eviction and repossession, and after three years, the tenant agreed to vacate. The court requires a compromise petition. The landlord is concerned about whether they can reopen the case if the tenant fails to vacate after filing the compromise. Experts advise that once a compromise is recorded and a decree passed, it's binding. However, if a new cause of action arises or conditions aren't met, new proceedings can be initiated. It's suggested to wait for the tenant's compliance before the court passes the final order to avoid issues.

kavksatyanarayana (Expert) 16 December 2023
Once a compromise is arrived at between the parties in any court and the court passes a decree in the light of compromise then the same is binding on all the parties. If a cause of action arises between the parties or any party does not comply with the compromise only then can they initiate proceedings.

Vasudevan (Querist) 17 December 2023
Much obliged by the response of Learned Expert Shri KAVK Satyanarayana. Thank you very much sir.

T. Kalaiselvan, Advocate (Expert) 17 December 2023
Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not "the subject-matter of the agreement, compromise or satisfaction is the same as the subject matter of the suit."
To avoid the violation of the agreed conditions, you may better wait until the conditions are complied by the opposite party and request the court to pass an order after the stipulated time as mentioned in the conditions for compromise and to pass a judgment after compliance by the parties concerned.

Vasudevan (Querist) 18 December 2023
Much obliged by the guidance of the Learned Expert Shri T. Kalaiselvan. Thank you very much sir.

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