2022 CLC 835
S.19---Eviction---Fresh lease agreement---Execution proceedings---Report of bailiff, credibility of---Respondents filed ejectment application contending that premises was Rent ed out for 10 years; that petitioner committed default in payment of monthly Rent and did not pay withholding tax and violated terms and conditions of lease agreement---Ejectment application was disposed of on basis of compromise and fresh lease agreement was made with new terms and conditions---After 21 days of said disposal respondents filed application for execution of the order---Special Judge (Rent ) passed order for issuance of warrants of possession---Order for police assistance and lock/door-breaking was passed---Validity---Statement of one of the respondents in eviction petition was recorded to the effect that a fresh tenancy agreement had been executed between parties and ejectment application be disposed of---No endorsement of other two respondents who filed execution application asserting that the order of disposal of petition on the basis of compromise was not complied with---After two days of order for issuance of warrant of possession, a report was submitted by the bailiff that the possession could not be delivered without police assistance---Report showing two witnesses who were not residents of the area---Such report was unworthy of credence but was relied upon and order for enforcement of warrants of possession through breaking of locks, doors, etc. with police assistance was passed---At the time of passing order of disposal of petition on the basis of compromise only attendance of bailiff and counsel for decree-holder was recorded---Neither any inquiry was made nor the statement of bailiff was recorded to verify the report and in a mechanical manner permission was granted for breaking doors, locks, etc. with assistance of police and in consequence thereof, tenant was thrown out of the Rent ed property---No eviction order was passed by Special Judge (Rent ) and only eviction petition was disposed of---Parties having executed a fresh Rent note on new terms/conditions whereby rate of Rent was changed, period of tenancy was changed and other terms were also modified---Outright execution of fresh Rent agreement could not result in eviction of the tenant ipso facto merely because landlord claimed that the terms were breached, unless proper inquiry was held in fresh round of litigation---Respondents did not raise any objection to the execution of fresh agreement and did not object to fresh terms/conditions---High Court observed that proper remedy was to file an eviction application on the plea of fresh cause of action and not to seek execution of an order that did not contain any condition of eviction---Such order was not executable-
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