In a recent judgment by the Supreme Court of India, a petition filed by the landlord for the release of premises for personal use by his son, who is an advocate, was closely examined. The court addressed the delays caused by the respondent in the proceedings, leading to multiple adjournments. The case, which involved Rent Case No.1 of 2012, was finally disposed of with directions for the Rent Court to expedite the matter. Read on to know more about this significant legal decision.
Facts
- The appellant-landlord filed a petition for the release of the premises for personal use of his son who is an advocate.
- An ex-parte order was passed against the respondent-tenant on 05.09.2012.
- The respondent’s application to set aside the ex-parte order was allowed on payment of costs.
- The appellant filed a writ petition challenging the order before the High Court.
- The High Court directed that unnecessary adjournments should not be taken by either party.
- There were multiple proceedings pending between the parties.
- The appellant’s grievance was that the respondent kept taking adjournments and delaying the proceedings.
- The appellant filed an application to amend before the High Court.
- The rent court set aside the ex-parte decree/order.
- An opportunity was granted to the respondent-landlord.
- The respondent-landlord was directed to make a payment of Rs. 2500 as costs.
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Analysis
- The court considered the facts and circumstances of the case
- The opportunity was given to the tenant to file a written statement
- Based on the above, the court decided not to interfere with the impugned order
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Decision
- The civil appeal has been disposed of with no orders as to costs.
- The Rent Court-Prescribed Authority/ACMM-IX, Kanpur Nagar, U.P., is directed to take up Rent Case NO.1 of 2012 and dispose of it within two months.
- The respondent-tenant is required to cooperate for an early disposal of Rent Case No.1 of 2012.
- If the respondent-tenant does not cooperate, the Rent Court/Prescribed Authority shall proceed with the matter and dispose of it within two months.
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Case Title: KRISHNA DEVI MAHESHWARI Vs. SURENDRA SUREKHA
Case Number: C.A. No.-000026-000026 / 2016
