This High Court disposed of a revision application under section 115 CPC challenging rent decree, allowing a one-year stay on execution upon filing undertaking for vacant possession and payment of arrears by the tenants.
Stay on execution of decree until 31.12.2014 upon filing undertaking; withdrawal of deposited amount permitted.
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CRA 937-12.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
REVISION APPLICATION NO.937 OF 2012
Khetbai Kanji Chapsi & anr. .Applicants
V/s.
Noorali Nowrojali Hirji .Respondent
Mr.Raj Patel with Mr.Suraj Iyer i/b. M/s.Ganesh & Co., Advocate, for the Applicants Ms Zahara Rehamtullah Tejani, Advocate, for the Respondent
CORAM : R.G.KETKAR, J. DATE : 26TH NOVEMBER, 2013
P.C.
. Heard Mr.Raj Patel, learned counsel
for the applicants and Ms Zahara Rehamtullah Tejani, learned counsel for the respondent at length.
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CRA 937-12.odt
of the Court of Small Causes at Mumbai in
R.A.E.Suit No.1092/3211 of 1990 as also the Judgment and Decree dated 29-08-2012 passed by the Appellate bench of the Small Causes Court at Mumbai in Appeal No.726 of 2002. By these
orders, the Courts below decreed the suit
instituted by the respondent on the ground of arrears of rent under Section 12 and unlawful subletting by defendant No.1 in favour of defendant No.2 under Section 13(1)(e) of the
Bombay Rents Hotel And Lodging, House Rates
Control Act, 1947 (For short 'Act').
this application, if one year's time to vacate
the suit premises is given. Ms Zahara Rehamtullah Tejani, upon taking instructions from the respondent, who is present in the Court states that the respondent has no
Page 2 of 4
CRA 937-12.odt
objection for giving one year's time subject
to the applicants filing usual undertaking in
this Court. She further submits that the
respondent may be permitted to withdraw the
amount deposited by the applicants in the
Courts below. Mr. Patel states that within
three weeks from today the applicants and all
the adult persons using the suit premises will
give usual undertaking to this Court incorporation therein;
(i) that the applicants are in possession of the suit premises and nobody else is in possession;
(ii) that the applicants have neither created third party interests nor parted with possession of the suit premises;
(iii) that the applicants will hereinafter neither create third party interests nor part with possession of the suit premises;
(iv) that the applicants will pay arrears of rent, if any, and will go on regularly paying rent/compensation during this period;
(v) that the applicants will hand over vacant and peaceful possession of the suit premises to the respondent on or before 31-122014.
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CRA 937-12.odt
withdraw the amount deposited by the applicants unconditionally. The application is disposed of as not pressed.
Page 4 of 4
2 issues framed by the court
Whether a revision application under Section 115 CPC challenging decree in rent suit against eviction should be disposed of on compounding undertakings.
Whether the applicants are entitled to stay execution of decree for one year on payment of arrears and filing undertaking for peaceful possession.
3 provisions across 2 enactments
Noorali Nowrojali Hirji
R.G. Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court