RAVI KHANDELWAL versus M/S. TALUKA STORES

RAVI KHANDELWAL versus M/S. TALUKA STORES

Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is designed to protect a tenant for five years, and where proceedings have continued beyond that period (38 years in this case) the initial defect of instituting the suit within five years is washed away; accordingly the High Court's contrary view was set aside and the first appellate decree of eviction was affirmed, with directions for possession.

Parties
Appellant (landlord): Ravi Khandelwal; Respondent (tenant): M/s. Taluka Stores
Jurisdiction
India
Judgment Date
11 July 2023
Procedural Posture
Civil Appeal No. 4364 of 2023 / Judgment on Appeal by the Supreme Court
Outcome
Appeal allowed; High Court judgment dated 20.04.2020 set aside; decree of eviction passed by the first appellate court dated 18.03.2004 affirmed
Legal Topics
Interpretation of Section 14(3) of the Rajasthan Premises (control of Rent and Eviction) Act, 1950, Whether Five Year Bar Prevents Institution of Suit or Only Passing of Decree, Bona Fide Necessity, Cure of Procedural Defect by Passage of Time
Rent Control Eviction Statutory Interpretation Constitutional Powers (article 142) Interpretation of Section 14(3) of the Rajasthan Premises (control of Rent and Eviction) Act, 1950 Whether Five Year Bar Prevents Institution of Suit or Only Passing of Decree Bona Fide Necessity Cure of Procedural Defect by Passage of Time

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Parties

Ravi Khandelwal

Appellant (landlord)

M/s. Taluka Stores

Respondent (tenant)

Procedural Posture

Civil Appeal No. 4364 of 2023 / Judgment on Appeal by the Supreme Court

Legal Issues

  1. 1 Whether the five-year limitation in Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 bars the institution of a suit itself or only the consideration/passing of decree therein
  2. 2 Whether passage of time (38 years in this case) cures an initial impediment to the suit instituted within five years

Ratio Decidendi

Section 14(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is designed to protect a tenant for five years, and where proceedings have continued beyond that period (38 years in this case) the initial defect of instituting the suit within five years is washed away; accordingly the High Court's contrary view was set aside and the first appellate decree of eviction was affirmed, with directions for possession.

Court Disposition

Appeal allowed; High Court judgment dated 20.04.2020 set aside; decree of eviction passed by the first appellate court dated 18.03.2004 affirmed

Orders

  • Allow appeal
  • Set aside the judgment of the High Court dated 20.04.2020