P.S. Ayub vs Asif Jagirdar

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No(s). 10076 OF 2018 (Arising out of SLP(C)No.24645 of 2018)

P.S. AYUB Appellant(s)

VERSUS

ASIF JAGIRDAR Respondent(s)

J U D G M E N T

BANUMATHI, J.:

(1) Leave granted.

(2) The respondent has filed Civil Suit bearing O.S.

NO.25571/2012 for eviction on the ground: (i) Future payment of

rent; (ii) Termination of tenancy.

(3) In the said suit, the appellant herein did not appear and

the suit was decreed ex-parte on 4 th February, 2013. The

appellant herein has filed an application, Misc. Petition

No.25164/2013, under Order IX Rule 13 C.P.C. and the same was

also dismissed vide order dated 24th November, 2016 on the

ground that the appellant has not shown sufficient reason for

his non-appearance.

Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.10.05 (4) 12:44:26 IST Reason: Being aggrieved, the appellant has approached the High

Court and the High Court vide Order dated 28th November, 2017

has directed the appellant to deposit the arrears of rent, 2

namely, Rs.2,73,000/- (Rupees Two Lakhs Seventy Three Thousand)

within a period of two weeks. The appellant could not deposit

the same within the time stipulated by the High Court and the

same was deposited on 26th March, 2018 with a delay. By

subsequent order dated 19th June, 2018, the High Court dismissed

the application, I.A.No.1/2018, thereby declining to condone

the delay in depositing the said amount. It was submitted by

the learned counsel for the respondent that on that date also

the appellant did not appear before the High Court. Another

application, I.A. NO.2 of 2018, filed by the appellant was also

came to be dismissed by the High Court which is impugned in

this appeal.

(5) When the matter came up for hearing before this Court on

25th September, 2018, we have asked Mr. Raghavendra S. Srivatsa,

learned counsel for the respondent-landlord, to file

calculation memo as to the arrears regarding subsequent rent

payable. In compliance thereof, learned counsel for the

respondent has filed calculation memo stating that

Rs.2,77,000/- (Rupees Two Lakh Seventy Seven Thousand) on as on

31st August, 2018 is due towards the future rent after adjusting

an amount of Rs.2,73,000/- (Rupees Two Lakhs Seventy Three

Thousand) deposited by the appellant.

(6) Insofar as the future rent payable by the appellant is

concerned, the same shall be deposited by the appellant as per

the calculation memo. Without prejudice to his contention, the

appellant shall deposit Rs.2,77,000/- (Rupees Two Lakh Seventy 3

Seven Thousand) before the concerned Trial Court within a

period of eight weeks from today. On deposit of the said

amount the suit for eviction filed by the respondent-landlord

i.e. Suit No.25571 of 2012 shall stand restored and the Trial

Court shall proceed with the trial in accordance with law. The

respondent-landlord is permitted to withdraw an amount of

Rs.2,73,000/- (Rupees Two Lakhs Seventy Three Thousand) already

deposited. Additionally, the appellant-tenant shall continue

to pay the agreed rent as per the terms of the contract between

the parties. On failure to deposit the arrears of

Rs.2,77,000/- (Rupees Two Lakh Seventy Seven Thousand) within

the stipulated period, the ex-parte decree of eviction dated 4 th

February, 2013 shall stand revived.

(7) In the result, the impugned order is set aside and the

appeal is allowed. The suit filed by the respondent-landlord,

O.S. NO.25571/2012, shall be restored to file and the Trial

Court shall afford sufficient opportunity to both the parties

and proceed with the same in accordance with law.

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

..........................J. (INDIRA BANERJEE) NEW DELHI, SEPTEMBER 28, 2018.