MP High Court: Estranged Husband Entitled to Loss of Consortium Compensation After Wife’s Death  ||  J&K & Ladakh HC: Claims under Roshni Act Void Ab Initio, Ownership Rights Null from Inception  ||  Madras High Court Directs Expedited Trials in 216 Pending Criminal Cases Against MPs and MLAs  ||  MP High Court: Allowing Minor to Drive Without Valid License Constitutes Breach of Insurance Policy  ||  Punjab & Haryana High Court: Cyber Fraud Cases Uphold Public Trust, Cannot Be Quashed by Compromise  ||  SC: Customer-Banker Relationship Based on Mutual Trust, Postmaster’s Reinstatement Quashed  ||  Supreme Court: Company Buying Software for Efficiency and Profit Is Not a ‘Consumer’ under CPA  ||  SC: Long Custody or Trial Delay Not Ground for Bail in Commercial Narcotic Cases if S.37 Unmet  ||  Calcutta HC Disqualifies Politician Mukul Roy from Assembly under Anti-Defection Law  ||  Supreme Court Bans Mining in and Around National Parks and Wildlife Sanctuaries    

Ram Gopal Sood v. Jai Pal Chauhan - (High Court of Himachal Pradesh) (02 Jun 2016)

Landlord flummoxed by distinction between compromise and consent order

MANU/HP/0437/2016

Tenancy

A compromise reached between parties, leading to petition dismissed as withdrawn, cannot be enforced by the court under the aegis of a contempt petition.

In the instant rent control case, landlord and tenant entered into a compromise that he would vacate premises or pay high rent for continued occupation. The landlord subsequently withdrew his petition before the Rent Controller for eviction. Later, the tenant refused to hand over possession, claiming instead that no obligation existed in the compromise to hand over possession.

The court, concurring, was sceptical of contempt proceedings against the ‘order’ of the Rent Controller as “the Court below never added its mandate to the compromise and rather proceeded to dismiss”. It concluded, “There is a clear cut distinction between a compromise arrived at between the parties or a consent order passed by the court at the instance of the parties and a clear and categorical undertaking given by any of the parties.” Since no court ruling was obtained in the matter, contempt proceedings were not the suitable remedy.

Relevant : Bajranglal Gangadhar Khemka & Anr. v. Kapurchand Ltd. reported in MANU/MH/0014/1950 Babu Ram Gupta versus Sudhir Bhasin and another MANU/SC/0053/1979 Rama Narang versus Ramesh Narang and another MANU/SC/1484/2007

Tags : RENT CONTROL   COMPROMISE   CONSENT ORDER   UNDERTAKING  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved