Can a compromise decree be executable ? or rent act will superseed over decree
Struggling Landlord
(Querist) 12 November 2013
This query is : Resolved
First I would like to thanks all for your valuable opinions, Once again I need your esteemed opinion. I have executed a compromise decree before Mediation (Lok-Adalat), As per clause 10. Breach of non payment of arrears compromised the tenancy shall be revoked/cancelled and tenant is liable for damages.
Now my querry is Can I demand vacant possession as damages?
Or Can I demand higher monthly rent based on vicinity as damages ? (After giving legal notice for execution of Clause10, The Tenant had paid all the arrears, I accepted it under protest) and is paying regularly. As per clause 10 I have terminated the tenancy. Now can I demand damages in terms of higher rent or can I demand vacant possession. Now since the tenancy is terminated so he becomes a tresspassor. If I go to court for execution of decree what I have to demand as damages ?
MohammedRaffiq Bijapur
(Expert) 12 November 2013
Brother
as per ur say Clause 10 of CP a right is granted to u for termination of tenancy. this doesn't means that the tenant has to deliver the vacant possession of the property to u. For getting the possession u have to again file HRC proceedings or ejectment suit, whatever the facts demands to ur case..
Damages means monetary relief only...
I feel ur CP decree is not helpful for u..
Raj Kumar Makkad
(Expert) 12 November 2013
You have not posted the relevant contents of the compromise executed before Lok Aalath upon which the decree was passed. I presume that the eviction was also one of the reliefs in case of the violation of the terms on the part of the tenant so better to enforce this clause and also claim damages till the possession is delivered back to you by him.
Rajendra K Goyal
(Expert) 13 November 2013
Contact a local lawyer and show him all the documents specifically clause 10 and language of full document.
BAALASUBRAMANNYAMM
(Expert) 13 November 2013
If you once go through your query:
"As per clause 10. Breach of non payment of arrears compromised the tenancy shall be revoked/cancelled and tenant is liable for damages.
"(After giving legal notice for execution of Clause 10, The Tenant had paid all the arrears, I accepted it under protest) and is paying regularly."
Here you have already enforced the Clause No.10, by giving a legal notice and when the tenant has paid the arrears, you have accepted it. When once you have accepted the arrears from the tenant, your right of demanding vacation of your premiss was squeezed. Hence you have no right for vacating the premises.
R.K Nanda
(Expert) 13 November 2013
consult local lawyer.
Thyagarajan
(Expert) 13 November 2013
Rental increase is usually coupled with renewal of initial tenancy contract.
Reasons for eviction would also figuring in the initial contract like non-payment of rental for more than 2 consecutive months or by other reasons.
I agree with Expert Mr. Balasubramaniam your tenant has cleverly managed to avoid any eviction from your side.
Try to make a new tenancy contract with increase in rent and specify contract will be for specific time like a year and that no renewal will be allowed.
Relief by approaching court will be time bound and you may end up with more complication .
Struggling Landlord
(Querist) 17 November 2013
thanks to all,
After consulting local lawyer he guided me to ask for damages Rs 2000/- per day (ie 60000/ per month) or Rs 50/- per sq ft per day. (Since in vicinity the rate of rent are Rs. 50-100 per sqft per day, Accordingly I am also in opinion that I should go for asking monetory compensation instead of vacating a block, Tenant is very old (30 yrs) and Compromise Decree is 4 years old and he is paying Rs 4600/- per month ie 0.35 paise per sq ft per day. But my query is shall get the monetory gain at least Rs 20+ per sq ft per day OR Will the local rent act clauses will superseed the compromise decree ?
Thyagarajan
(Expert) 18 November 2013
You are keeping the tenant without any renewed contract.This may not be healthy sign to build up a case against him. As far damages are concerned you have to prove there was breach of contract.
