RAM KRISHNA SINGH & ORS. versus THAKURJI SHIVJI

RAM KRISHNA SINGH & ORS. versus THAKURJI SHIVJI

The Supreme Court declined to exercise jurisdiction in favour of appellants due to lack of seriousness and cavalier conduct in proceedings, including multiple defaults. Although deposit of arrears after ex-parte decree set aside may call for consideration in appropriate cases, the appeal is dismissed on facts, leaving the legal question open.

Parties
Appellant: Ram Krishna Singh & Ors.; Respondent: Thakurji Shivji
Jurisdiction
India
Judgment Date
07 October 2010
Procedural Posture
Civil Appeal / Supreme Court Final Appeal, After High Court and Revisional Court Decisions
Outcome
Appeal dismissed
Legal Topics
Eviction, Arrears of Rent, Ex Parte Decree, Order IX Rule 13, Section 20(4) Uttar Pradesh Urban Buildings Act
Landlord Tenant Civil Procedure Eviction Arrears of Rent Ex Parte Decree Order IX Rule 13 Section 20(4) Uttar Pradesh Urban Buildings Act

Case Brief

Summary, issues, holding and outcome

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Parties

Ram Krishna Singh & Ors.

Appellant

Thakurji Shivji

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal, After High Court and Revisional Court Decisions

Legal Issues

  1. 1 Whether deposit of arrears of rent after setting aside ex-parte decree satisfies Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Whether tenant is entitled to protection under Section 20(4) for relieving eviction due to late deposit

Ratio Decidendi

The Supreme Court declined to exercise jurisdiction in favour of appellants due to lack of seriousness and cavalier conduct in proceedings, including multiple defaults. Although deposit of arrears after ex-parte decree set aside may call for consideration in appropriate cases, the appeal is dismissed on facts, leaving the legal question open.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed leaving question of law open
  • No relief granted to appellants