Back
SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ.
P.U. Sidhique & Ors. – Appellants
Versus
Zakariya – Respondent
Civil Appeal Nos. 13901-13902 of 2025 (Arising out of Special Leave Petition (C) Nos. 22696-22697 of 2025)
Decided On : 21-11-2025
(A) Interpretation of Statute – While it is not for Courts to reject or refuse to give effect to legislation merely on the grounds that clear meaning of legislation appears absurd to Judiciary, when forced to construe a provision, meaning of which is open to question they will lean against any construction that would produce a result which appears to them to be absurd or unjust – The more absurd a suggested conclusion of construction is, the more Court will lean against that conclusion that is ordinarily so whether one is construing a contract or a statute – Human beings, and not artificial intelligence or computers, are entrusted with duties of administration of justice as laws are to be interpreted with empathy and pragmatism and as a force of justice, not absurdity – Courts must balance textual fidelity with interpretive wisdom, ensuring that laws are not applied mechanically without considering context or equity; but serve as true vehicles for administration of justice – Judgment is not to be read like an Enactment or Statute. (Paras 34, 35, 36 and 40)
(B) Rent and Eviction – Default in Payment of Rent – [Section 12 of Kerala Buildings (Lease and Rent Control) Act, 1965] – Rent Control Appellate Authority has full power to examine legality and validity of eviction order passed by Rent Controller under Section 12(3) of Act, 1965, to insist upon Appellant-landlord to repeat procedure under Section 12 of the Act, 1965 would be a superfluous and unnecessary exercise – Eviction order has been passed by Rent Control Court in present case only due to failure of Respondent-tenant to pay admitted rent within stipulated time – Though power of Appellate Authority cannot be put in a straitjacket, tenant must be directed to pay/deposit amount determined by Rent Controller before Appeal is heard by Appellate Authority and that too when a money decree has been passed by a Civil Court which has not been stayed by Appellate Court – Money decree can be stayed in exceptional cases like where decree is egregiously perverse or riddled with patent illegalities or facially untenable and/or such other exceptional causes similar in nature – In present case, no such exceptional case has been found by Appellate Court – Respondent-tenant directed to handover vacant physical possession of shops in question to Appellants-landlords. (Paras 31, 41, 44 and 48)
Facts of the case:
Issue that arises for consideration in the present Appeals is whether Appellants-landlords during the pendency of the Appeals under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965, before Rent Control Appellate Court challenging an eviction order passed under Section 12(3) of the Act, 1965 has to once again follow the procedure under Section 12 of the Act, 1965 by filing an application under Section 12(1) of the Act, 1965.
Findings of Court:
Respondent-tenant is occupying two premier shops in heart of Kochi, Kerala ‘without paying a farthing’ for last more than five years and that too despite a money decree in OS No.71 of 2021 staring him on the face and that too without any stay in appeal.
Result : Appeals allowed with observations/directions.
JUDGMENT :
MANMOHAN, J.
1. Leave granted.
THE ISSUE AT SURFACE LEVEL AND AT DEEPER LEVEL
2. At the surface level, the issue that arises for consideration in the present Appeals is whether the Appellants-landlords during the pendency of the Appeals under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965, (hereinafter referred to as ‘Act, 1965’) before the Rent Control Appellate Court challenging an eviction order passed under Section 12(3) of the Act, 1965 has to once again follow the procedure under Section 12 of the Act, 1965 by filing an application under Section 12(1) of the Act, 1965. However, at the deeper level, the issue that arises for consideration is whether laws are to be interpreted as a force for justice or not.
FACTS
3. Briefly stated, the material facts of the present Appeals are that two shops in the heart of Kochi, Kerala, namely, building No.61/5797 and building No.61/5932A were taken on a monthly rent basis by the Respondent-tenant from the Appellants-landlords.
4. It is the case of the Appellants-landlords that while the monthly rent for the building No.61/5797 and building No.61/5932A was Rs.55,000/- and Rs. 99,187/-, respectively during the relevant period, the Respondent-tenant has not paid rent for building No.61/5797 since February 2020 and for building No.61/5932A since January 2020.
5. In the year 2020, the Appellants-landlords filed two eviction petitions, being RCP No. 187 of 2020 and RCP No.188 of 2020 under Section 11(2)(b) of the Act, 1965 before the Rent Control Court, Ernakulam, alleging that the Respondent-tenant was in arrears of rent. The relevant portion of Section 11 of the Act, 1965 is reproduced hereinbelow:-
(2) (a) A landlord who seeks to evict his tenant shall apply to the Rent Control Court for a direction in that behalf.
(b) If the Rent Control Court, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that the tenant has not paid or tendered the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable, it shall make an order directing the tenant to put the landlord in possession of the building, and if it is not satisfied it shall make an order rejecting the application thereof by him:
Provided that an application under this sub-section shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at six per cent per annum and postal charges incurred in sending the notice within fifteen days of the receipt of the notice or of the refusal thereof ”
6. A recovery suit, being O.S. No.71 of 2021, was also filed by the Appellants-landlords before the Subordinate Judges Court, Ernakulam seeking recovery of the arrears of rent. The said suit was decreed on 31st March 2023 for a sum of Rs.21,72,360/- along with Rs.2,81,154/- as interest and Rs.1,91,100/- as cost totalling to Rs.26,44,614/-.
7. The said money decree has been challenged by the Respondent-tenant by way of RFA No.269 of 2023 before the High Court of Kerala, wherein initially a conditional stay order was granted for three months. But as the condition to furnish security for the decretal amount was not complied with, the stay order was not extended. Though the Appeal of the Respondent-tenant is pending, yet there is no stay of the money decree in force.
8. Relying on the said money decree in OS No.71 of 2021, Appellants- landlords filed I.A. No.5 of 2024 in RCP No.187 of 2020 and I.A. No.8 of 2024 in RCP No.188 of 202
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
