1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 825 OF 2009 IN EXECUTION APPLICATION NO. 172 OF 2006 IN SUIT NO. 1397 OF 1992 Bharat Petroleum Corporation Ltd., .. Plaintiff. V/s. Shri Devdas B. Narayankar & Ors. .. Defendants. --- Mr. Prantik Majumdar i/by M.P. Savla & Co. for the Plaintiff. Ms. Ratna Bhargavan i/by R.Bhargavan & Associates for the Defendants. --- CORAM : DR. D. Y. CHANDRACHUD, J. DATED : 16TH JULY, 2009 P.C. : 1. A decree was passed in a Suit for specific performance instituted by the Decree Holder on 12th June, 1998. Though the Judgment Debtor was served, he had not filed a written statement. A Notice of Motion was taken out for setting aside the Judgment and Decree dated 12th June,1998. The Motion was dismissed. The Division Bench confirmed the dismissal on 22nd April, 2002 and observed that as a matter of fact, the Judgment Debtor had entered 2 appearance pursuant to the service of the writ of summons and had engaged a lawyer but thereafter no written statement was filed. In the circumstances, it is now not disputed before this court that the Decree has attained finality. 2. The Decree holder had taken out a Notice in the Execution Application under Order 21 Rule 22, which was made absolute by the learned single Judge of this Court on 26th November, 2008. 3. The Chamber Summons has been taken out in the Execution Application filed by the Decree holder, seeking stay of the Decree and for a direction to the Decree Holder to hand over possession of both the Flats that form the subject matter thereof, namely, (i) Flat No.42 at Mehrnaz Building, Cuffe Parade, (ii) Flat No.1-D in Shahnaz Building, Nepeansea Road to Judgment Debtor No. 1 free of all encumbrances in view of the change in law under the Maharashtra Rent Control Act, 1999. 4. The learned counsel submitted that in order to furnish a cause of action in a suit for specific performance there has to be an offer and acceptance and in the absence thereof there would be no agreement. This submission cannot be accepted, as the Executing Court cannot go behind the correctness of the 3 Decree that has been passed and which has now attained finality. 5. The next submission was that the Decree holder was a Tenant of the Judgment Debtor and a Tenant who is in occupation of tenanted premises cannot file a Suit for specific performance. The contention is thoroughly misconceived and deserves to be rejected. Though the Decree holder was a Tenant of the Judgment Debtor, there is no prohibition in law against a landlord entering into a contract with the tenant for the sale of the property. The character which the purchaser espouses in a suit for specific performance is not as a Tenant but as a purchaser who has an agreement to sell in his favour. 6. In the alternative, it was urged that as a result of the amendment to the Maharashtra Rent Control Act, 1999, the Decree holder ceases to have the protection of the Rent Act and therefore, this Court should direct the Decree holder to hand over possession of both the Flats to the Judgment Debtor. Obviously, such a direction cannot be issued by the executing Court. The Decree Holder seeks enforcement of the Agreement as set out in paragraph 13 of the plaint in the Suit for specific performance. In terms thereof, a decree for specific performance was passed by this Court on 12th June, 1998. The Agreement between the parties which has been set up contemplates that the 4 Decree holder would obtain title to the premises at Mehrnaz, Cuffe Parade and will hand over possession of the premises at Shahnaz, Nepeansea Road to the Judgment Debtor subject to the stipulation contained in the Agreement which has been set up. 4. The Decree Holder must necessarily in the course of the execution proceedings abide by the Agreement in its entirety. Counsel for the Decree holder states that the decree holder is ready and willing to do so. 5. For all these reasons, there is no merit in the Chamber Summons. The Chamber Summons shall accordingly stand dismissed. (DR. D.Y.CHANDRACHUD,J.) .....