Back
SUPREME COURT OF INDIA
A.K. Sikri, Ashok Bhushan, JJ.
Nonihal Singh – Appellant
Versus
Maya Devi – Respondent
Civil Appeal Nos.3687-3688 of 2018 (Arising Out of SLP(C)Nos.6972-73 of 2018)
Decided On : 05-04-2018
(b) Administration of justice – Appellant bringing on record relevant material showing substantial compliance of High Court order, though belatedly – High Court not adverting to these materials and rejecting application for condonation of delay – Not justified. (Para 19)
Facts of the case:
The respondent-landlady filed an application before the Rent Tribunal, Alwar on the ground of default in payment of rent. The Tribunal allowed the application of landlady directing the appellant to handover the vacant possession within six months. The landlady was also entitled to receive rent from the date of filing the suit till the date of decision in the form of mesne profit.
The appeal was filed to the Rent Appellate Tribunal, District Alwar which too was dismissed. The appellant filed Writ Petition in the High Court which was disposed of with certain directions. As per order passed by the High Court the appellant was to deposit arrears of rent before 31.12.2017 and further mesne profit at the rate of Rs. 3,000/- per month w.e.f. 01.11.2017. The appellant could not deposit the arrears of rent within time allowed by the High Court.
An application was filed by the appellant for extension of time to deposit the rent which was dismissed.
Another miscellaneous application was filed by the appellant praying for condoning the delay in depositing the amount which application was also rejected by the High Court.
Finding of the Court:
Impugned order cannot be sustained.
Result : Appeals allowed.
JUDGMENT
Ashok Bhushan, J.
Leave granted.
2. These appeals have been filed by the tenant challenging the orders dated 15.01.2018 and 27.02.2018 by which High Court of Rajasthan at Jaipur has rejected the miscellaneous application for extension of time and miscellaneous application to condone delay in depositing arrears of rent and mesne profits. Miscellaneous applications were filed in Writ Petition No.19029 of 2017 which was earlier disposed of by the High Court on 01.11.2017.
3. Brief facts to be noted for deciding these appeals are:
The respondent-landlady filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 on 05.12.2006 before the Rent Tribunal, Alwar on the ground of default in payment of rent. The Tribunal vide its judgment dated 05.04.2014 allowed the application of landlady directing the appellant to handover the vacant possession within six months. The landlady was also entitled to receive rent from the date of filing the suit till the date of decision in the form of mesne profit.
3. The appeal was filed to the Rent Appellate Tribunal, District Alwar which too was dismissed on 03.05.2017. The appellant aggrieved by the orders passed by the Rent Tribunal and Rent Appellate Tribunal filed Writ Petition No.19029 of 2017 in the High Court which was disposed of by the High Court with certain directions. As per order dated 01.11.2017 passed by the High Court the appellant was to deposit arrears of rent before 31.12.2017 and further mesne profit at the rate of Rs. 3,000/- per month w.e.f. 01.11.2017. The appellant could not deposit the arrears of rent within time allowed by the High Court.
5. An application was filed by the appellant for extension of time to deposit the rent which was dismissed on 15.01.2018 by the following order:
"The matter comes up on an application for extension of time to deposit arrears of rent under the order dated 01.11.2017 passed by this Court.
I am of the considered view that no ground for extension of time is made out.
It is accordingly dismissed."
6. It is relevant to note that before 15.01.2018, the landlady has filed application for execution of decree of arrears of rent in which application the landlady has claimed arrears of rent from 04.09.2003 to 19.03.2017 totaling to Rs. 96,997/-. In the execution of decree the amount was deposited by the appellant on 12.01.2018 in Court in the execution proceedings. The aforesaid amount was also handed over to the decree-holder on 15.01.2018 and execution was filed recording full satisfaction.
7. The appellant further made a deposit of Rs. 33,000/- on 15.02.2018 in the bank account of landlady claiming to be mesne profit. Another miscellaneous application was filed by the appellant on 15.02.2018 in Writ Petition No.19029 of 2017 praying for condoning the delay in depositing the amount which application was also rejected by the High Court on 27.02.2018 by the following order:
"Heard the counsel for the applicant and the non-applicant on the application for condonation of delay in depositing the arrears of rent/mesne profits in pursuance to the order dated 01.11.2017 passed by this Court in SBCWP No.19029/2017 titled Nonihal Singh v. Smt. Maya Devi.
Having heard the counsel for the applicant and the non-applicant, I am of the considered view that in the facts obtaining no ground obtains for expanding the time for depositing the arrears of rent/mesne profits as prayed for.
The application stands dismissed."
8. Aggrieved against the aforesaid two orders, these appeals have been filed by the appellant. The appeals were taken on 27.03.2018 which were directed to be listed on 28.03.2018. In the meantime, respondent claims to have obtained possession of premises in question on 27.03.2018 itself. When the case was taken up by this Court on 28.03.2018, this Court noticing the submission of the respondent that the possession of the premises has been taken on 27.03.2018, directed for maintaining status quo.
9. When the matter was heard on 05.04.2018, learn
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
