PRABHAWATI versus DR. PRITAM KAUR

The revision petition did not become infructuous merely due to the institution of the eviction suit; the respondent was precluded from instituting the suit for eviction until the State Government decided the revision petition in pursuance of the High Court's direction. The order of the State Government and High Court dismissing the revision petition as infructuous is unsustainable.

Parties: Appellant: Prabhawati; Respondent: Dr. Pritam Kaur
Jurisdiction: India
Judgment Date: 22 March 1972
Procedural Posture: Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated February 5, 1971 of the Allahabad High Court in Special Appeal No. 1116 of 1969
Outcome: Appeal allowed
Legal Topics: Eviction, Revision Petition, Rent Control, Civil Procedure

Landlord Tenant Administrative Law Eviction Revision Petition Rent Control Civil Procedure

Case Brief

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Prabhawati

Appellant

Dr. Pritam Kaur

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated February 5, 1971 of the Allahabad High Court in Special Appeal No. 1116 of 1969

Legal Issues

1 Whether the institution of eviction suit by the respondent during the pendency of revision petition before the State Government rendered the revision petition infructuous
2 Whether the State Government and High Court were justified in dismissing the revision petition as infructuous due to the institution of civil suit

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The order of the High Court dismissing the writ petition and the order of the State Government dismissing the revision petition are set aside.
The State Government is directed to restore and decide the revision petition according to law.