LAXMI & CO versus DR. ANANT R. DESHPANDE & ANR.

LAXMI & CO versus DR. ANANT R. DESHPANDE & ANR.

Section 42A requires the occupant to appear on the date of hearing and claim tenancy under the 1947 Act for the issue to be framed; in absence of appearance and such claim, the trial court is not obliged to frame a preliminary issue, and can proceed ex parte.

Parties
Appellant: Laxmi & Co.; Respondent: Dr. Anant R. Deshpande
Jurisdiction
India
Judgment Date
12 September 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed; judgment of High Court set aside.
Legal Topics
Interpretation of 'appearance' Under S.42 a of Presidency Small Cause Courts Act, Framing of Preliminary Issues in Tenancy Disputes, Tenant Protection Under Bombay Rent, Hotel and Lodging House Rates Control Act 1947
Civil Procedure Landlord Tenant Law Interpretation of 'appearance' Under S.42 a of Presidency Small Cause Courts Act Framing of Preliminary Issues in Tenancy Disputes Tenant Protection Under Bombay Rent, Hotel and Lodging House Rates Control Act 1947

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Parties

Laxmi & Co.

Appellant

Dr. Anant R. Deshpande

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether 'appears' in s. 42A means appearance of the party in person or through counsel at the date of hearing
  2. 2 Whether framing and determination of a preliminary issue under s. 42A is obligatory regardless of the party's presence on the hearing date

Ratio Decidendi

Section 42A requires the occupant to appear on the date of hearing and claim tenancy under the 1947 Act for the issue to be framed; in absence of appearance and such claim, the trial court is not obliged to frame a preliminary issue, and can proceed ex parte.

Court Disposition

Appeal allowed; judgment of High Court set aside.

Orders

  • High Court to deal with the application for setting aside the ex-parte decree.
  • Parties to pay and bear own costs in this appeal.