Case Note & Summary
The dispute arose from a suit filed by the landlord for ejectment and recovery of arrears of rent against the tenant, which was decreed ex parte. The tenant's application to set aside the ex parte decree was dismissed, and subsequent revisions were also unsuccessful. The tenant contended that the decree was a nullity as the premises were governed by the Haryana Urban Rent Control Act, 1973, which conferred exclusive jurisdiction to the Controller for eviction matters. The Civil Court's jurisdiction was thus ousted. The landlord argued that the tenant had previously raised the jurisdiction issue, and the decree had become final, operating as res judicata. The Supreme Court analyzed the jurisdictional issues and concluded that a decree passed by a court without jurisdiction is a nullity and can be challenged at any stage. The Court held that the Civil Court lacked jurisdiction to pass the decree, which did not bind the tenant and did not operate as res judicata. The appeal was allowed, and the lower courts' decisions were overturned.
Headnote
A) Jurisdiction - Civil Court's Jurisdiction - Lack of Jurisdiction - Code of Civil Procedure, 1908, Section 9 - The Civil Court lacked inherent jurisdiction to entertain the suit for ejectment as the matter was governed by the Haryana Urban Rent Control Act, 1973, which exclusively conferred jurisdiction to the Controller. The decree passed by the Civil Court was thus a nullity and could be challenged at any stage, including execution. Held that the decree does not operate as res judicata (Paras 162-164).
Issue of Consideration
Whether the Civil Court had inherent jurisdiction to entertain the suit for ejectment of the appellant-tenant and whether the decree passed is a nullity.
Final Decision
The Supreme Court allowed the appeal, holding that the Civil Court lacked jurisdiction to entertain the suit for ejectment, rendering the decree a nullity. The lower courts' decisions were overturned.
Law Points
- jurisdiction
- eviction
- res judicata
- nullity
- Haryana Urban Rent Control Act
- 1973
- Code of Civil Procedure
- 1908
