SYED ASADULLAH KAZMI versus THE ADDL. DISTRICT JUDGE,I ALLAHABAD AND OTHERS

SYED ASADULLAH KAZMI versus THE ADDL. DISTRICT JUDGE,I ALLAHABAD AND OTHERS

The High Court and Supreme Court held that once the appellate authority's order attained finality through failure of appeals, the prescribed authority was bound to implement the order and could not reopen proceedings, even in light of subsequent events such as the death of the landlord. Subsequent events are relevant only before finality is reached.

Parties
Appellant: Syed Asadullah Kazmi; Respondent: The Addl. District Judge, Allahabad; Third Respondent: Kailash Shanker Sinha
Jurisdiction
India
Judgment Date
23 July 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 15th November, 1978 of the Allahabad High Court in Civil Misc. Writ No. 8736 of 1978
Outcome
Appeal dismissed with costs.
Legal Topics
Ejectment Proceedings, Finality of Orders, Effect of Subsequent Events, Jurisdiction of Statutory Authority
Landlord and Tenant Ejectment Proceedings Finality of Orders Effect of Subsequent Events Jurisdiction of Statutory Authority

Case Brief

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Parties

Syed Asadullah Kazmi

Appellant

The Addl. District Judge, Allahabad

Respondent

Kailash Shanker Sinha

Third Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 15th November, 1978 of the Allahabad High Court in Civil Misc. Writ No. 8736 of 1978

Legal Issues

  1. 1 Is an application to re-open a concluded partition scheme due to the death of the landlord maintainable after finality of orders?
  2. 2 Can the Supreme Court re-open proceedings after finality has been attained through the failure in appeals including special leave?

Ratio Decidendi

The High Court and Supreme Court held that once the appellate authority's order attained finality through failure of appeals, the prescribed authority was bound to implement the order and could not reopen proceedings, even in light of subsequent events such as the death of the landlord. Subsequent events are relevant only before finality is reached.

Court Disposition

Appeal dismissed with costs.

Orders

  • Prescribed authority to give effect to the final appellate order directing division of premises.
  • No reopening of partition scheme based on subsequent events.