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Nitin Kotian (Advocate)     10 August 2012

Case law on rent act required

Respected Forum Members,

 

Supreme Court last year passed a judgement that a landlord cannot evict a tenant for at least five years,if the tenant has paid the rent regularly according to the agreement between the two parties.

 

If anyone has the judgement pls let me know.

 

Regards,

 

Nitin P Kotian



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 August 2012

Querist,

 

(2011) 6 Supreme Court Cases 385
ATMA RAM BUILDERS PRIVATE LTD
vs
A.K. TULI AND ORS
Rent Control and Eviction – Execution of eviction decree / order – Grant of time to
tenant to vacate premises after eviction confirmed by Supreme Court – Abuse of process by
tenant – Frivolous objections filed in execution proceedings initiating another round of
litigation – District Judge staying warrants of possession – Contempt petition filed after
premises not vacated within time granted – Relief / Directions – Held, it is regrettable that in
litigations between landlord and tenant when tenant loses he starts a second innings through
someone claiming to be a co-tenant / subtenant and matter remains pending for years and
landlord cannot get possession despite even a Supreme Court order – Such malpractice must
now be stopped – Supreme Court taking up case for hearing at 11.25 a.m. directing
possession of premises to be handed over to landlord by 12.30 p.m on same day – Court
posting matter for hearing again at 12.30 p.m. – Possession of premises delivered to landlord –
Hence, contempt notice discharged – Further directions passed for initiating disciplinary
action against contemnor District Judge – Directions issued for copy of order to be placed
before Chief Justices of all High Courts for information and appropriate orders – Contempt of
2Court – Civil contempt – General principles – Purging of civil contempt – Contempt of Courts
Act, 1971, S.2(b).
Contempt of Court – Nature and Scope – Contempt by court, Judge, Magistrate or other
person acting judicially – Contempt by Judge - Where Additional District Judge stayed
warrants of possession superseding / overruling Supreme Court’s order – Held, contemnor
Judge had no business to pass such order – Order totally void, hence quashed – Further,
Chief Justice of High Court directed to enquire into the matter and take such disciplinary
action against contemnor Judge as deemed fit – Constitution of India, Arts. 144, 129 and 235.
Courts, Tribunals and Judiciary – Judiciary - Subordinate Judiciary – Orders based on
extraneous considerations – Strongly deprecated – Need for such malpractices to be totally
weeded out, stressed – Held, such Judges bringing a bad name to the whole institution m
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