Case Note & Summary
The case involved a civil appeal filed by the tenant against the eviction order affirmed by the High Court of Delhi. The appeals arose from the final judgment and order dated 25.02.2008 and 28.03.2008, where the tenant's revision petition was dismissed, and the eviction order was upheld. During the hearing, the landlord's counsel informed the court that possession of the premises had already been taken over by the landlord, which led to the conclusion that the appeals had become infructuous. The court determined that since the primary issue of possession was resolved, there was no longer a matter to adjudicate, resulting in the dismissal of the appeals as infructuous. The court vacated any interim orders and stated that there would be no order as to costs.
Headnote
A) Civil Procedure - Infructuous Appeals - Dismissal of Appeals - Code of Civil Procedure, 1908 - Appeals became infructuous as the landlord took possession of the premises, rendering the matter moot. The court held that since the possession was taken, nothing survived in the appeals, leading to their dismissal (Paras Not mentioned).
Issue of Consideration
Whether the appeals should be dismissed as infructuous due to the landlord taking possession of the premises.
Final Decision
The Supreme Court dismissed the appeals as infructuous, vacated any interim orders, and stated there would be no order as to costs.
Law Points
- Infructuous appeals
- eviction order
- possession of premises
