NONIHAL SINGH versus MAYA DEVI

NONIHAL SINGH versus MAYA DEVI

The Supreme Court held that both the High Court orders refusing extension of time and condonation of delay were passed without considering the material fact that the appellant had deposited a substantial amount of arrears and mesne profits in execution and directly to the landlady prior to the decision, and that these deposits and compliance with the High Court's consensual order dated 01.11.2017 were relevant for advancing substantial justice. The orders were set aside, with a direction to restore possession to the appellant.

Parties
Appellant: Nonihal Singh; Respondent: Maya Devi
Jurisdiction
India
Judgment Date
05 April 2018
Procedural Posture
Civil Appeal / Supreme Court Final Hearing and Disposition
Outcome
Appeals allowed
Legal Topics
Extension of Time for Deposit of Arrears, Condonation of Delay, Eviction Decree, Execution of Rent Decree, Compliance With Court Directions
Tenancy Law Rent Control Extension of Time for Deposit of Arrears Condonation of Delay Eviction Decree Execution of Rent Decree Compliance With Court Directions

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Parties

Nonihal Singh

Appellant

Maya Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Hearing and Disposition

Legal Issues

  1. 1 Whether the High Court erred in refusing to condone the delay in depositing arrears of rent and mesne profits by the appellant-tenant as per previous orders.
  2. 2 Whether the execution of the eviction decree and deposit of arrears prior to adjudication should have resulted in the extension/condonation sought by the appellant.

Ratio Decidendi

The Supreme Court held that both the High Court orders refusing extension of time and condonation of delay were passed without considering the material fact that the appellant had deposited a substantial amount of arrears and mesne profits in execution and directly to the landlady prior to the decision, and that these deposits and compliance with the High Court's consensual order dated 01.11.2017 were relevant for advancing substantial justice. The orders were set aside, with a direction to restore possession to the appellant.

Court Disposition

Appeals allowed

Orders

  • Orders of the High Court dated 15.01.2018 and 27.02.2018 are set aside.
  • Appellant to be put back in possession of the premises within one week.