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2022 Supreme(UK) 441
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Mahendra Singh Bisht - Appellant
Versus
Kumaon Uttarakhand Sainik Motor Transport Association & Anr. - Respondents
Special Appeal No. 432 of 2022
Decided On : 08-12-2022
Saurabh Kumar Pandey, Advocate, Sudhir Kumar, Advocate, S.S. Chaudhary, Advocate
The court emphasized the importance of protecting the rights of the appellant as a tenant, ensuring that eviction proceedings would not be executed until the pendency of the writ petition and that rents would be deposited as per the order passed by the learned Single Judge.
Headnote:
Eviction - Tenant Rights - The court ensured that the rights of the appellant, who claimed to be the tenant of the respondent-Association, were protected by obtaining an undertaking from the respondent-Association not to execute the eviction decree, even if passed, till the pendency of the writ petition, and by the appellant undertaking to deposit the rents in terms of the order passed by the learned Single Judge.
Fact of the Case:
The appellant raised a limited challenge to the order passed by the learned Single Judge in a writ petition filed by the respondent-Association, expressing concern that the rights of the appellant, who claimed to be the tenant of the respondent-Association, were not protected.
Finding of the Court:
The court ensured the protection of the appellant's rights by obtaining undertakings from both the respondent-Association and the appellant, thereby disposing of the appeal.
Issues: Limited challenge to the order passed by the learned Single Judge in the writ petition, protection of the appellant's rights as a tenant of the respondent-Association.
Ratio Decidendi: The court's decision was influenced by the need to protect the rights of the appellant as a tenant, ensuring that eviction proceedings would not be executed until the pendency of the writ petition and that rents would be deposited as per the order passed by the learned Single Judge.
Final Decision: The appeal was disposed of with the court ensuring the protection of the appellant's rights as a tenant.
JUDGMENT
Vipin Sanghi, CJ. - The appellant has preferred the present special appeal to raise the limited challenge to the order dated 02.11.2022, passed by the learned Single Judge in Writ Petition (M/S) No.2676 of 2022, preferred by the respondent-Association. The appellant is arrayed as respondent no.2 in the said writ petition.
2. The limited grievance of the appellant is that the learned Single Judge, while observing that none of the suits or civil proceedings initiated by the respondent-Association before the Revenue or the Civil Courts shall be dismissed on the ground of passing of the impugned order in the writ petition, whereby the registration of the writ petitioner-association has been cancelled, the rights of the appellant, who claims to be the tenant of the respondent-Association have not been protected. Learned counsel submits that, in case eviction proceedings initiated by the Association are allowed, and eviction has obtained, the same would cause prejudice to the appellant, in the event of the writ petition being dismissed and cancellation of registration being upheld.
3. Learned counsel for respondent-Association appears and fairly states that the respondent-Association shall not execute the eviction decree, even if passed, till the pendency of the writ petition.
4. We take the said statement of the respondent-Association on record, whereby it shall remain bound.
5. The appellant, through counsel, undertakes to deposit the rents in terms of the order passed by the learned Single Judge. He shall remain bound by this undertaking.
6. The appeal stands disposed of in the aforesaid terms.
7. Pending application, if any, also stands disposed of.
