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Head Note

Civil Law  - Eviction suit

Attachment of flat - Eviction suit - The order passed by the High Court thereby setting aside the attachment of Flat No. 408, Saidham Co-operative Society Sodawala Lane, Borivli (West), Mumbai - In challenge - The flat in question was transferred in the name of respondent no. 1, thereafter, the different premises occupied by the respondent no. 1 as licensee was ordered to be vacated by the competent authority - Though the possession had been handed over, however, in order to defeat the execution order for payment of compensation, an unregistered agreement has been entered between mother and the daughter on the basis of so-called MOU - The decree holder filed miscellaneous application under Order 21 Rule 42 CPC for issuance of warrant for recovery of the compensation and arrears of license fee in the sum of Rs.6,48,000/- along with interest @ 9% per annum and for attachment of flat in question along with injunction upon respondent no. 1 from selling the flat. This notice attained finality and the warrant of attachment was issued - The facts indicate that the MOU and the agreement had been set up by respondent no. 1 in order to delay and frustrate the eviction order and payment of compensation - Impugned order passed by the High Court set aside - Appeal allowed.

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