Case Note & Summary
The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismissed the suit for non-prosecution. The landlords appealed, and the appellate court reversed the dismissal, decreeing possession and ordering an enquiry into mesne profits under Order 20 Rule 12 CPC. The tenants challenged this in the High Court. The High Court held that dismissal of a suit for possession for non-prosecution does not terminate the tenancy; the tenant continues as a tenant. The appellate court erred in decreeing possession without a fresh suit on valid grounds. The High Court set aside the appellate decree and restored the trial court's dismissal, but clarified that the landlords are at liberty to file a fresh suit for eviction if they have valid grounds.
Headnote
A) Civil Procedure - Dismissal for Non-Prosecution - Effect on Tenancy - Order 20 Rule 12, Code of Civil Procedure, 1908 - Suit for possession dismissed for default - Held that such dismissal does not terminate the tenancy; the tenant continues as a tenant and does not become a trespasser. The landlord must file a fresh suit for eviction on valid grounds. (Paras 1-10)
B) Mesne Profits - Enquiry under Order 20 Rule 12 CPC - When Suit Dismissed - Code of Civil Procedure, 1908, Order 20 Rule 12 - Where the suit for possession is dismissed, the enquiry into mesne profits cannot be ordered as the decree for possession is not granted. (Paras 1-10)
Issue of Consideration
Whether the dismissal of a suit for possession for non-prosecution results in the tenant becoming a trespasser or whether the tenant continues to be a tenant.
Final Decision
The High Court allowed the writ petition, set aside the judgment and decree of the appellate court, and restored the trial court's dismissal of the suit. The High Court clarified that the dismissal does not affect the relationship of landlord and tenant, and the landlords are at liberty to file a fresh suit for eviction if they have valid grounds.
Law Points
- Dismissal of suit for non-prosecution does not affect the relationship of landlord and tenant
- Order 20 Rule 12 CPC
- mesne profits
- eviction suit
Case Details
2006 LawText (BOM) (09) 103
Writ Petition No. 4761 of 1997
Shri V.S. Gokhale for the petitioner, Shri Vineet B. Naik for the respondents
M/s Silver Jublee Dryers and Cleaners & Ors.
Hiralal Nemichand Shah & Anr.
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Nature of Litigation
Civil suit for possession and mesne profits filed by landlords against tenants.
Remedy Sought
The plaintiffs (respondents) sought possession of the suit premises and mesne profits from the defendants (petitioners).
Filing Reason
The plaintiffs claimed that the defendants were tenants and sought eviction and mesne profits.
Previous Decisions
The trial court (Principal Judge, Small Causes Court, Pune) dismissed the suit for non-prosecution on 12.4.1991. The appellate court (9th Additional District Judge, Pune) reversed the dismissal and decreed possession with enquiry into mesne profits on 11.7.1997.
Issues
Whether the dismissal of a suit for possession for non-prosecution results in the tenant becoming a trespasser?
Whether the appellate court was correct in decreeing possession and ordering enquiry into mesne profits?
Submissions/Arguments
The petitioners argued that dismissal of the suit for non-prosecution does not terminate the tenancy; the tenant continues as a tenant.
The respondents argued that the dismissal was erroneous and the appellate court correctly decreed possession.
Ratio Decidendi
Dismissal of a suit for possession for non-prosecution does not terminate the tenancy; the tenant continues as a tenant and does not become a trespasser. The landlord must file a fresh suit for eviction on valid grounds.
Judgment Excerpts
This petition is directed against the judgment and order dated 11.7.1997 passed by the 9th Additional District Judge, Pune, in Civil Appeal No. 290/1991, confirming the judgment and order dated 12.4.1991 passed by the Principal Judge, Small Causes Court, Pune, in Civil Suit No. 1001/1988, dismissing the suit filed by the plaintiff to recover possession of the suit premises from the defendant and directing enquiry regarding mesne profits, in accordance with provisions of Order 20 Rule 12 of the Code of Civil Procedure Code.
Procedural History
The plaintiffs filed Civil Suit No. 1001/1988 in the Small Causes Court, Pune, for possession and mesne profits. The suit was dismissed for non-prosecution on 12.4.1991. The plaintiffs appealed to the District Court, Pune, which allowed the appeal and decreed possession with enquiry into mesne profits on 11.7.1997. The defendants then filed the present writ petition in the High Court.
Acts & Sections
- Code of Civil Procedure, 1908: Order 20 Rule 12
