M/S UNICHEM LABORATORIES LTD. versus RANI DEVI & ANR.

M/S UNICHEM LABORATORIES LTD. versus RANI DEVI & ANR.

Section 13 of the Uttar Pradesh Industrial Housing Act, 1955 does not oust Civil Court jurisdiction for employer-filed eviction suits; after deletion of Section 21, Civil Court is competent under s.9 CPC; employer-employee tenancy ceases with retirement; company has locus to file eviction suit; respondents occupy as unauthorized persons.

Parties
Appellant: MIS UNICHEM LABORATORIES LTD.; Respondent: RANI DEVI; Respondent: ANR.
Jurisdiction
India
Judgment Date
18 April 2017
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Order
Outcome
appeals allowed; impugned High Court order set aside; Trial Court judgment restored
Legal Topics
Jurisdiction of Civil Courts, Eviction, Tenancy Between Employer and Employee, Bar of Court Jurisdiction, Companies Act Applicability, Uttar Pradesh Industrial Housing Act
Property Law Tenancy Law Industrial Law Jurisdiction of Civil Courts Eviction Tenancy Between Employer and Employee Bar of Court Jurisdiction Companies Act Applicability +1 more

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Parties

MIS UNICHEM LABORATORIES LTD.

Appellant

RANI DEVI

Respondent

ANR.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether Section 13 of the Uttar Pradesh Industrial Housing Act, 1955 bars civil court jurisdiction for eviction suits by employer
  2. 2 Whether after deletion of Section 21 the Civil Court has jurisdiction to try eviction cases under the Act
  3. 3 Whether tenancy between employer and employee continues after retirement and death of employee

Ratio Decidendi

Section 13 of the Uttar Pradesh Industrial Housing Act, 1955 does not oust Civil Court jurisdiction for employer-filed eviction suits; after deletion of Section 21, Civil Court is competent under s.9 CPC; employer-employee tenancy ceases with retirement; company has locus to file eviction suit; respondents occupy as unauthorized persons.

Court Disposition

appeals allowed; impugned High Court order set aside; Trial Court judgment restored

Orders

  • Respondents to vacate suit quarter within 3 months on depositing entire decreetal amount and three months' rent as damages at rate determined by Trial Court.
  • Decretal amount to be deposited in Trial Court within one month; failure allows appellant to execute decree forthwith.