MOHAN SINGH versus LATE AMAR SINGH THROUGH THE LRS.

MOHAN SINGH versus LATE AMAR SINGH THROUGH THE LRS.

No exceptional circumstances were made out to enable tenant to challenge order granting limited period tenancy permission after expiry; burden to prove fraud was not discharged; interlocutory order by ARC did not prevent landlord from objecting; records tampered and false affidavits filed justify criminal proceedings.

Parties
Appellant/tenant: Mohan Singh; Respondent/landlord: Late Amar Singh through LRs
Jurisdiction
India
Judgment Date
01 September 1998
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
appeal dismissed
Legal Topics
Limited Period Tenancy, Fraud, Misrepresentation, Eviction, Tampering of Judicial Records, Procedure for Filing Rejoinder and Additional Evidence, Rules of Practice in Civil Courts
Rent Control Civil Procedure Evidence Criminal Law Limited Period Tenancy Fraud Misrepresentation Eviction +3 more

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Parties

Mohan Singh

Appellant/tenant

Late Amar Singh through LRs

Respondent/landlord

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the tenant can challenge the validity of permission for limited period tenancy after expiry of tenancy claiming fraud or misrepresentation
  2. 2 Whether the tenant proved absence in Court at the time of grant of second permission under Section 21
  3. 3 Whether permission granted under Section 21 was without jurisdiction and unenforceable

Ratio Decidendi

No exceptional circumstances were made out to enable tenant to challenge order granting limited period tenancy permission after expiry; burden to prove fraud was not discharged; interlocutory order by ARC did not prevent landlord from objecting; records tampered and false affidavits filed justify criminal proceedings.

Court Disposition

appeal dismissed

Orders

  • Registrar of Supreme Court directed to file complaint before appropriate court and set criminal law in motion against tenant (Mohan Singh)
  • Tenant directed to deliver possession of premises to respondents by 26.9.1998