High Court Dismisses Petition in Tenancy Dispute Due to Tenant's Vacation of Premises. Petition Became Infructuous as Tenant Handed Over Possession to Landlord.

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Case Note & Summary

The case involved a petition filed by Subhash Chander against Mohan Singh and another regarding a tenancy dispute. The petitioner sought relief under the relevant provisions of law concerning the tenancy. During the proceedings, the counsel for both parties informed the court that the tenant had vacated the demised premises and returned possession to the landlord. Consequently, the petitioner expressed that the petition should be dismissed as not pressed. The court, acknowledging the tenant's actions, dismissed the petition as not pressed, indicating that the issue at hand had become moot due to the tenant's vacation of the premises. The decision was rendered by Hon’ble Mr. Justice Alok Singh on December 20, 2010.

Headnote

A) Civil Procedure - Dismissal of Petition - Petition dismissed as not pressed - Code of Civil Procedure, 1908 - The tenant vacated the demised premises and handed over possession to the landlord, leading to the dismissal of the petition as not pressed. Held that the matter became infructuous due to the tenant's actions (Paras Not mentioned).

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Issue of Consideration

Whether the petition should be dismissed due to the tenant vacating the premises.

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Final Decision

The court dismissed the petition as not pressed due to the tenant vacating the premises and handing over possession to the landlord.

Law Points

  • Dismissal of petition
  • tenant's possession
  • landlord's rights
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Case Details

C.R. No. 1450 of 1989

2010-12-20

Alok Singh

C.B. Goel, M.L. Sarin, Hemani Sarin

Subhash Chander

Mohan Singh and another

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Nature of Litigation

Tenancy dispute regarding possession of premises

Remedy Sought

Petitioner sought relief concerning tenancy

Issues

Whether the petition should be dismissed due to the tenant vacating the premises

Submissions/Arguments

Tenant vacated the premises and handed over possession to the landlord, leading to dismissal of the petition as not pressed.

Ratio Decidendi

The petition was rendered infructuous as the tenant vacated the premises, leading to the dismissal of the petition.

Judgment Excerpts

Present petition is dismissed as not pressed.

Procedural History

The petition was filed and subsequently dismissed as not pressed following the tenant's vacation of the premises.

Acts & Sections

  • Code of Civil Procedure, 1908:
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