HAMEED KUNJU versus NAZIM

HAMEED KUNJU versus NAZIM

High Court erred in entertaining writ petition under Article 227 challenging orders already amenable to appeal, and erred by remanding case with directions to trial court to allow tenant's applications; eviction decree was already executed, litigation ended, respondent had opportunity to contest, and High Court's orders were without jurisdiction.

Parties
Appellant (landlord): Hameed Kunju; Respondent (tenant): Nazim
Jurisdiction
India
Judgment Date
17 July 2017
Procedural Posture
Civil Appeal / Final Appeal Against High Court Order
Outcome
Appeal allowed; impugned High Court order set aside.
Legal Topics
Eviction, Supervisory Jurisdiction Under Article 227, Alternative Remedy, Rent Control, Abuse of Process
Civil Procedure Constitutional Law Landlord Tenant Law Eviction Supervisory Jurisdiction Under Article 227 Alternative Remedy Rent Control Abuse of Process

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Parties

Hameed Kunju

Appellant (landlord)

Nazim

Respondent (tenant)

Procedural Posture

Civil Appeal / Final Appeal Against High Court Order

Legal Issues

  1. 1 Whether High Court was justified in entertaining tenant's writ petition under Article 227 challenging four orders of the trial/executing court in an eviction matter.
  2. 2 Whether High Court erred in exercising its supervisory jurisdiction and interfering with the orders impugned and remanding the case to the trial court with directions.

Ratio Decidendi

High Court erred in entertaining writ petition under Article 227 challenging orders already amenable to appeal, and erred by remanding case with directions to trial court to allow tenant's applications; eviction decree was already executed, litigation ended, respondent had opportunity to contest, and High Court's orders were without jurisdiction.

Court Disposition

Appeal allowed; impugned High Court order set aside.

Orders

  • All applications filed by respondent before trial court in main eviction case and execution proceedings are dismissed as wholly misconceived and devoid of merit.
  • Respondent shall pay costs of Rs.25,000 to appellant.