Case Note & Summary
The dispute arose from a petition filed by the appellant-landlord under Section 21(i)(a) of the U.P. Urban Building (Control of Letting of Rent and Eviction) Act, 1972, seeking eviction of the respondent-tenant for personal use by the landlord's son, an advocate. An ex-parte order of eviction was passed on 05.09.2012, but the respondent-tenant later succeeded in having this order set aside on 20.08.2015, leading the landlord to challenge this decision in a writ petition before the High Court. The High Court disposed of the writ petition on 15.09.2015, allowing the respondent-tenant to file a written statement and directing both parties to avoid unnecessary adjournments. The respondent-tenant did not appear to contest the appeal before the Supreme Court. The Supreme Court, while considering the conduct of the respondent-tenant and the circumstances of the case, chose not to interfere with the High Court's order but directed the Rent Court to expedite the hearing of Rent Case No. 1 of 2012 and dispose of it within two months. The court emphasized the need for cooperation from the respondent-tenant for a timely resolution. The appeal was disposed of without any order as to costs.
Headnote
A) Rent Control - Eviction Proceedings - Setting Aside Ex-Parte Order - U.P. Urban Building (Control of Letting of Rent and Eviction) Act, 1972, Section 21(i)(a) - The appellant-landlord sought eviction of the respondent-tenant for personal use of premises. The High Court allowed the respondent to set aside the ex-parte order, but the Supreme Court directed the Rent Court to expedite the case and ensure cooperation from the tenant for timely resolution. Held that the appeal was disposed of with directions for early disposal (Paras 4-6).
Issue of Consideration
Whether the High Court's order allowing the respondent-tenant to set aside the ex-parte eviction order was justified and whether the appeal should be interfered with.
Final Decision
The Supreme Court disposed of the civil appeal, directing the Rent Court to expedite the hearing of Rent Case No. 1 of 2012 and dispose of it within two months, emphasizing the need for cooperation from the respondent-tenant.
Law Points
- Eviction proceedings
- adjournments
- personal use of premises
- Rent Control Act
- procedural fairness
