SHIVSHANKAR GURGAR versus DILIP

SHIVSHANKAR GURGAR versus DILIP

Payment or deposit of arrears by the tenant under Section 13 is contemplated only during the pendency of the suit or appeal; it does not apply to execution proceedings. The executing court has no jurisdiction to enlarge time or modify a compromise decree where the period for deposit is fixed by agreement. An order of the executing court modifying such a decree is a nullity and does not bar the landlord's right to recover possession pursuant to the decree.

Parties
Appellant: Shivshankar Gurgar; Respondent: Dilip
Jurisdiction
India
Judgment Date
03 January 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment After High Court Revision
Outcome
Appeal allowed
Legal Topics
Eviction, Execution of Decree, Compromise Decree, Statutory Protection of Tenant, Jurisdiction of Executing Court
Landlord Tenant Law Eviction Execution of Decree Compromise Decree Statutory Protection of Tenant Jurisdiction of Executing Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Shivshankar Gurgar

Appellant

Dilip

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment After High Court Revision

Legal Issues

  1. 1 Whether a compromise decree providing for eviction of a tenant for non-payment of arrears within a stipulated period is void under the Madhya Pradesh Accommodation Control Act, 1961.
  2. 2 Whether the executing court has jurisdiction to enlarge time for deposit of arrears or modify the compromise decree.
  3. 3 Whether tenant's payment/deposit of arrears during execution can grant protection against eviction.

Ratio Decidendi

Payment or deposit of arrears by the tenant under Section 13 is contemplated only during the pendency of the suit or appeal; it does not apply to execution proceedings. The executing court has no jurisdiction to enlarge time or modify a compromise decree where the period for deposit is fixed by agreement. An order of the executing court modifying such a decree is a nullity and does not bar the landlord's right to recover possession pursuant to the decree.

Court Disposition

Appeal allowed

Orders

  • The execution petition filed by the appellant is allowed.
  • Executing court to evict the respondent and hand over possession to the appellant.