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TMI Blog2014 (1) TMI 1763X X X X Extracts X X X X X X X X Extracts X X X X ..... eed as follows: "H. If the defendant violates any of the aforesaid conditions, the plaintiff shall be entitled to get the vacant possession of suit accommodation from the defendant wherein defendant shall have no objection." 4. In view of the said compromise, the matter was referred to the lok adalat and the civil suit was decreed in terms of the compromise. 5. On 21.7.2005 the appellant filed an application for the execution of the compromise decree alleging that the respondent failed to fulfil his obligations arising out of the compromise decree and, therefore, the appellant is entitled to recover possession of the premises. The events that followed are narrated by the High Court in the judgment under appeal as follows- "On 04/10/2005 after appearance respondent filed objections wherein it was alleged that signatures were obtained by the petitioner on the said compromise under undue influence and no receipt was issued by the petitioner for a sum of Rs. 10,000/-, which was paid by the respondent. The said application was dismissed by the learned Executing Court vide order dated 24/10/2005 and it was directed that since the Executing Court cannot go behind the decree, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it provided for eviction of the respondent in the event of his failure to make the deposit of arrears within the stipulated time is void. The operative portion of the order of the executing court reads as follows: "20. .... Hence, in respect of issue No.A it is decided that the compromise decree is void in respect of eviction relief and no such eviction can be ordered contrary to the provisions of M.P. Accommodation Control Act for default in payment of rent. Since executable part of compromise decree has been held to be void, in such circumstances the executing court cannot pass an order for eviction for default in payment of arrears of rent or remaining part of arrears of rent. Accordingly issue No.B is decided." 8. Aggrieved by the said order, the appellant herein again approached the High Court by way of a Civil Revision Petition No.173 of 2007. The High Court by its judgment under appeal dated 28.10.2010 dismissed the revision. Hence this appeal. 9. The reasons recorded by the High Court are as follows- "8. Undoubtedly entire rent was deposited by the respondent. It is also not in dispute that the amount was not deposited within a period of six months as per terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other hand, the learned counsel for the respondent submitted that the executing court's conclusion that the compromise decree insofar as it provided for the eviction of the respondent is void and calls for no interference in view of section 13 of the Act even though the High Court failed to examine the said question. 12. The High Court did not examine the correctness of the conclusion of the executing court that the compromise decree insofar as it pertained to the eviction of the respondent in the event of his failure to deposit the arrears of rent within time stipulated in the compromise decree is inconsistent with the provisions of the Act and therefore void. 13. From the judgment under appeal, the relevant portion of which is extracted earlier at para 9, it appears that the High Court dismissed the case of the appellant on three grounds (i) that the appellant need not have entered into a compromise which led to the decree. According to the High Court, such a compromise was entered into by the appellant as in the view of the High Court - there was a serious dispute about the title of the appellant (ii) When the execution petition was filed by the appellant, the executin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s obvious from the language of the Section, such a power can be exercised only in a case where a period is fixed or granted by the court for doing of any act prescribed by this Court. In a compromise decree such as the one on hand, the stipulation that the judgment debtor is required to make the payment of the money within a specified period is a stipulation by agreement between the parties and it is not a period fixed by the court. Therefore, Section 148 CPC has no application to such a situation. We are fortified by the decision of this court in Hukumchand v. Bansilal and others AIR 1968 SC 86 (ii) In our opinion, the order dated 23.11.2005 virtually amounts to the modification of the decree and is without jurisdiction on the part of the executing court, therefore, a nullity. It is a settled principle of law that the executing court cannot go beyond the decree. It has no jurisdiction to modify a decree. It must execute the decree as it is. This Court in Deepa Bhargava and Another v. Mahesh Bhargava and Others [(2009) 2 SCC 294] held thus:- "9. There is no doubt or dispute as regards interpretation or application of the said consent terms. It is also not in dispute that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be made in two contingencies. They are:- (i) upon institution of the suit for eviction of the tenant irrespective of the ground on which eviction is sought; or (ii) in an appeal or in a proceeding by the tenant against the decree or order of eviction. It is further stipulated that such a deposit or payment is required to be made within a period of one month of the service of the summons, if the deposit is being made 2 13. When tenant can get benefit of protection against eviction.- (1) On a suit or any other proceeding being instituted by a landlord in any of the grounds referred to in section 12 or in any appeal or any of other proceeding by a tenant against any decree or order for his eviction, the tenant shall, within one month of the service of writ of summons or notice of appeal or of any other proceeding, or within one month of institution of appeal or any other proceeding by the tenant as the case may be, or within such further time as the court may on an application made to it allow in this behalf, deposit in the court or pay to the landlord, an amount calculated at the rate of rent at which it was prayed, for the period for which the tenant may have made de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commodation can be passed. Sub-section (5) only protects the defaulting tenant in possession in the event of his complying with the requirement of Section 13(1) or (2) only in those cases where the eviction is sought on the ground of arrears of rent falling under section 12(1)(a). 23. The case of the appellant is one falling under section 12(1)(a) and, therefore, the learned counsel for the respondent placed reliance on Section 13 (5) to sustain the conclusion of the executing court. Section 13(5) reads as follows:- "(5) If a tenant makes deposit or payment as required by sub-section (1) or sub-section (2), no decree or order shall be made by the court for the recovery of possession of the accommodation on the ground of default in the payment of rent by the tenant, but the court may allow such cost as it may deem fit to the landlord." 4 (5) If a tenant makes deposit or payment as required by sub-section (1) or sub-section (2), no decree or order shall be made by the court for the recovery of possession of the accommodation on the ground of default in the payment of rent by the tenant, but the court may allow such cost as it may deem fit to the landlord. 24. A reading of S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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