Case Note & Summary
The dispute arose from a civil appeal concerning an ex-parte decree for eviction passed by the Trial Court against the appellant. The Trial Court ordered the defendant to pay Rs.29,700 as arrears of rent and damages at the rate of Rs.27.50 per day from the date of filing the eviction petition until possession was delivered. The appellant challenged this decree by filing a petition under Order IX Rule 13 of the Code of Civil Procedure, 1908, which was rejected by the Trial Court and upheld by the High Court in revision. The Supreme Court noted that after the ex-parte decree, the landlord had taken possession of the premises and let it out to another person on March 5, 2002. Given this development, the Court was not inclined to interfere with the eviction decree and the arrears of rent. However, the Court found no justification for the daily damages imposed from the date of filing the eviction petition until possession was delivered. Consequently, the Court set aside the damages while confirming the eviction and arrears of rent, thereby disposing of the civil appeal.
Headnote
A) Civil Procedure - Ex-parte Decree - Justification for Damages - Code of Civil Procedure, 1908, Order IX Rule 13 - The Trial Court's ex-parte decree for eviction included damages at Rs.27.50 per day, which the Supreme Court found unjustified after the landlord re-let the premises. The court set aside the damages while upholding the eviction decree and arrears of rent. Held that the damages were not warranted under the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the decree for damages at the rate of Rs.27.50 per day was justified.
Final Decision
The Supreme Court upheld the eviction decree and the arrears of rent of Rs.29,700 but set aside the damages at the rate of Rs.27.50 per day.
Law Points
- ex-parte decree
- eviction
- damages
- Code of Civil Procedure
- 1908
- Order IX Rule 13
