PARASRAM HARNAND RAO v. SHANTI PRASAD NARINDER KUMAR JAIN & ANR

Citation: [1980] 3 S.C.R. 444

Court: Supreme Court of India

Bench: S. MURTAZA FAZAL ALI, P.S. KAILASAM

Case summary

This appeal by special leave is directed against a (I' judgment of the Delhi Court and arises out of ,an application filed by Respondent No. The rule would obviously have no value and the bar imposed by it would be rendered meaningless if the plaintiff whose suit was...

Judgment text

PARASRAM HARNAND RAO v. SHANTI PRASAD NARINDER KUMAR JAIN & ANR. April 10, 1980 [S. MURTAZA FA. ZAL ALI AND P. S. KAILASAM, JJ. ] Delhi Rent Control Act, Section 25 read with Order IX Rule 9 C. P. C. , scope of-Whether the dismissal of the earlier suit of respondent-tenant for default of appearance under Ordex IX Rule 9 C. P. C. a bar for an application under section 25 of the Delhi Rent Control Act. Transfer of tenancy rights by the Official Liquidator, whether voluntary and _l__ did not come under the mischief of section 14(1) (b) of the D of the Delhi Rent Control Act is dismissed. Mr. Bisaria, learned counsel appearin1; for the respondent submitted that 31\ the tenant has been in the premises for a period of 19 years and is conducting business therein, he may be permitted sufficient time to make alternative arrangements. Mr.

Mridul appearing for the' appellant fairly conceded that he would have no objection if one year's time is allowed to the respondent provided be gives an undertaking for banding over peaceful and vacant possession at the expiry of the time. We therefore allow time to the respondent to vacate the premises on or before 15th April, 1981 on the condition that he files an undertaking within two weeks to the :effect ( 1) that he shall hand-over vacant and peaceful possession to the landlord on or before 15th April, 1981; (2) that be shall not induct any person on the premises; (3) that be shall go on paying the compensation for wrongful use of premises equivalent to the rent. P. H. RAO v. SHANTI PRA~AD (Fazal Ali,/. ) 449 The ulldertaking must be filed supported by an affidavit within A two weeks from today failing which the order granting time shall stand revoked. There will be no order as to costs. S. R. Appeal allowed. I ,. ll,