Mr Tanveer Abdul Ghani vs. The Arch Bishop & Titular Head Of

Held

The Court held that the compromise petition filed under Section 89(1) read with Order XXIII Rule 3 and Section 151 of the CPC, entered into between the petitioner and respondent No.1, is just and proper. The Court accepted the compromise. The terms of the compromise stipulated that the petitioner would vacate and hand over vacant possession of the suit schedule 'A' property on or before 31.10.2023, without requiring the respondent to file an execution petition. The petitioner also agreed to pay rent at the rate of Rs. 20,066 per month, excluding GST, from the date of the order until 31.10.2023 or until vacant possession is handed over. The possession of suit schedule 'B' property had already been handed over. Consequently, the impugned Judgment and Decree passed by the Trial Court in S.C. No. 330/2018 was modified in terms of the compromise petition. The Revision Petition was disposed of in terms of the compromise.

Facts

The petitioner, Mr. Tanveer Abdul Ghani, was a tenant in properties described as 'A' and 'B' since 2008, paying a monthly rent of Rs. 13,920, with annual 5% increments. His tenancy was terminated, leading to an eviction suit (S.C. No. 330/2018) filed by the respondent, The Archbishop & Titular Head of Bengaluru, represented by its GPA holder and authorized signatory. The Small Causes Court decreed the eviction. The petitioner filed a Civil Revision Petition (CRP No. 387/2019) challenging this decree. During the pendency of the revision, the parties filed a compromise petition under Section 89(1) read with Order XXIII Rule 3 and Section 151 of the CPC.

Key Issues

1. Whether the compromise entered into between the petitioner and respondent No.1 is just and proper, and should be accepted by the Court? Petitioner's arguments: The petitioner argued that a compromise has been reached with respondent No.1, detailing the terms of vacating the premises and payment of rent. The petitioner agreed to vacate the suit schedule 'A' property by 31.10.2023 and pay a revised rent of Rs. 20,066 per month (excluding GST) until vacating. Possession of suit schedule 'B' property has already been handed over. Revenue/State's arguments: The respondent (landlord) has agreed to the terms of the compromise, indicating their acceptance of the proposed settlement regarding possession and rent payment.