Can i execute compromise decree in bonafied need case by compensating by cash/money higher rent?
Struggling Landlord
(Querist) 19 June 2012
This query is : Resolved
In my state Mh Rent Control Act 1999 is in force, Under this act I have filed a case against a tenant who is in possession of 2 shops. I demanded 1 shop, The tenancy is 40 yers old and he is giving Rs 200 /mth as rent, During tenancy the tenant status had gone up and now the tenant owns similar properties in other locations in city, where he is getting rent Rs 50000/ per month. After filling of the suit , now tenant is not willing since he has good clientale at this location and is willing to compensate me in money.... My querry is can take money and execute compromise decree? will it not affect the nature of my suite? If I file similar case against another tenant then (this new tenant may prove my bonafied need as false by showing compromise decree) since I am compromising against tenant with money.? My counsel and i are confused so I am seeking guidance from this portal. In earlier querries I had good experience about the site... So I am seeking your valuable opinion
Devajyoti Barman
(Expert) 19 June 2012
Do not file any compromise petition.
Just execute fresh tenancy agreement with enhanced rent and get the suit dismissed for default.
ajay sethi
(Expert) 19 June 2012
dont cpompromise . you are getting peanuts . if you are able to show tenant has other shops wherein he is earning substantial income and you need shop for your own purpose you may succeed .
dont file compromise petition
