Krishna Devi Maheshwari vs Surendra Surekha

NON-REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No(s). 26/2016

KRISHNA DEVI MAHESHWARI Appellant(s)

VERSUS

SURENDRA SUREKHA Respondent(s)

J U D G M E N T

R. BANUMATHI, J.:

(1) We have heard Mr. V.C. Shukla, learned counsel appearing

for the appellant.

(2) The appellant-landlord filed the petition under Section

21(i)(a) of the U.P. Urban Building (Control of Letting of

Rent and Eviction) Act, 1972 for release of the premises let

out to the respondent-tenant for personal use of the

appellant’s son who is practicing as an advocate.

(3) On 05.09.2012 the Prescribed Authority passed an ex-parte

order against the respondent-tenant. There were number of

proceedings/applications pending between the appellant-

landlord and the respondent-tenant. Grievance of the

appellant-landlord is that the respondent-tenant kept on

taking adjournments by filing one after another applications

and thereby the matter could not be proceeded. Signature Not Verified (4) Digitally signed by MAHABIR SINGH The respondent’s application for setting aside the ex- Date: 2019.10.04 17:24:49 IST Reason:

parte order of eviction dated 05.09.2012 was allowed by the

Prescribed Authority/ACMM-IX, Kanpur Nagar, on 20.08.2015 on 2

payment of cost of Rs.2500/-. Challenging the said order, the

appellant-landlord filed writ petition before the High Court

being C.M.W.P. No.48964 of 2015. In the said writ petition,

the appellant-landlord filed an application under Order VI

Rule 17 read with Section 151 of C.P.C. before the High Court

to amend the prayer and to challenge the subsequent Order

dated 25.08.2015. Vide impugned Order dated 15.09.2015, the

High Court disposed of C.M.W.P. No.48964 of 2015 by holding

that the rent court has set aside the ex-parte decree/order

and granted an opportunity to the respondent-land on payment

of cost of Rs.2500/-. The said writ petition was disposed of

by the impugned order dated 15.09.2015 directing that none of

the parties to take unnecessary adjournments, which is the

subject matter of challenge in this appeal.

(5) In spite of notice, the respondent-tenant has not chosen

to appear and contest the appeal.

(6) Considering the facts and circumstances of the case and

having regard to the fact that an opportunity has been

provided to the respondent-tenant to file the written

statement, we are not inclined to interfere with the impugned

order. However, taking note of the conduct of the respondent-

tenant and the facts and circumstances of the case, we direct

the Rent Court-Prescribed Authority/ACMM-IX, Kanpur Nagar,

U.P., to take up Rent Case NO.1 of 2012 at an early date and

dispose of the same within a period of two months from the

date of receipt of copy of this order. The respondent-tenant 3

shall render all cooperation and in case the respondent-tenant

does not cooperate for an early disposal of Rent Case No.1 of

2012, as ordered by this Court, learned Rent Court/Prescribed

Authority shall proceed with the matter in accordance with the

law and dispose of the same within two months from the date of

receipt of cop of this Order, as indicated above.

(7) With the above direction, the civil appeal is accordingly

disposed of. There shall be no orders as to costs.

..........................J. (R. BANUMATHI)

..........................J. (A.S. BOPANNA)

..........................J. (HRISHIKESH ROY) NEW DELHI, OCTOBER 01, 2019.