Apart from the above, in our view lawyers are perceived to be their client’s agents. The lawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article of agency may not strictly apply to the client lawyer’s relationship as lawyers or agents, lawyers have certain authority and certain duties. Because lawyers are also fiduciaries, their duties will sometimes be more demanding than those imposed on other agents. The authority agency status affords the lawyers to act for the client on the subject matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” of the retainer. One of the most basic principles of the lawyer-client relationship is that lawyers owe fiduciary duties to their clients. As part of those duties, lawyers assume all the traditional duties that agents owe to their principals and, thus, have to respect the client’s autonomy to make decisions at a minimum, as to the objectives of the representation.
ACTS: Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987
COURT: High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. of Himachal Pradesh at Shimla
SUPREME COURT OF INDIAArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
OmOm सोऽयमात्माध्यक्षरमोङ्कारोऽधिमात्रं पादा मात्रा मात्राश्च पादा अकार उकारो मकार इति ॥ ८ ॥ (Mandukya) Prakash Vs. Suresh Kumar
[Civil AppealCivil Appeal Vasant Ganesh Damle vs. Shrikant Trimbak Datar (AIR 2002 SC 1237) in the following words: "The appeal is considered to be an extension of the suit because U/S. 107 of the Code of Civil Procedure, the appellate Court has the same powers as are conferred by the Code on Courts of original jurisdiction in respect of suits instituted therein. Such a power can be exercised by the appellate Court "as nearly as may be" exercised by the trial Court under the Code. If the powers conferred upon the trial Court are under a specified statute and not under the Code, it has to be ascertained as to whether such a power was intended to be exercised by the appellate Court as well. Such a position can be ascertained by having a reference to the specified law by keeping in mind the legislative intention of conferment of power on the appellate Court either expressly or by necessary implication." Nos. 833-834 of 2020 arising out of SLPSpecial Leave Petition A petition seeking grant of special leave to appeal may be rejected for several reasons. For example, it may be rejected (i) as barred by time, or (ii) being a defective presentation, (iii) the petitioner having no locus standi to file the petition, (iv) the conduct of the petitioner disentitling him to any indulgence by the Court, (iv) the question raised by the petitioner for consideration by this Court being not fit for consideration or deserving being dealt with by the Apex Court of the country and so on. (C) Nos. 5926-5927/ 2017]
A. M. Khanwilkar, J.
1. Leave granted.
2. These appeals are directed against the judgments and orders dated 12.5.2016 in Civil Revision No. 227/2015 and 24.8.2016 in Review PetitionReview petition Parsion Devi-vs.-Sumitri Devi, (1997) 8 SCC 715: Under Order 47 Rule 1 CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power review. In exercise of the jurisdiction, it is not permissible for an erroneous decision to be "reheard and corrected". No. 65/2016 passed by the High Court of Himachal Pradesh at Shimla (for short, ‘the High Court’).
3. The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, M.C. Area, near Sabji Mandi, Up Mahal, Hamirpur, Himachal Pradesh (for short, “the suit premises”), had inducted the father of the respondent as its monthly tenant in the year 1969 to use it for nonresidential purpose and the respondent was in occupation thereof when the appellant filed eviction proceedings before the Rent Controller for possession. The respondent, at the relevant timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥, was carrying on business as cloth merchant in the suit premises.
The Rent Controller vide order dated 28.11.2013 decreed the suit directing eviction of the respondent from the suit premises on the ground that the suit premises was required bonafide by the appellant for the purpose of reconstruction, which could not be carried out without vacating the same followed by demolition thereof. That decree was confirmed by the appellate Court, against which civil revision being C.R. No. 227/2015 came to be filed before the High Court. During the hearing of the said petitionPetition αναφορά > παρακαλώ (Prayer), the learned counsel for the respondent tenant had urged before the High Court that the tenant was ready and willing to handover possession of the suit premises subject to the landlord (present appellant) agreeing to reinduct him as tenant in equivalent area occupied by him in the suit building.
In response to the said submission, the learned counsel appearing for the present appellant, unequivocally, stated before the High Court that the appellant was not averse to the offer so made by the tenant. That statement has been recorded by the High Court and on that basis the civil revision came to be disposed of in the following words:
“5. Mr. R.K. Sharma, learned Senior Advocate assisted by Ms. Anita Pramar, Advocate is not averse to the offer so made on behalf of the petitioner tenant. It is stated at the Bar that construction work will be completed within one year from the date i.e. 30th October, 2016, when the possession of the demised premises is to be handed over to the respondent landlord. Mr. Sharma further submits that the petitioner tenant will be reinducted in equal area in the newly constructed building within one month i.e. on or before 30th November, 2017 from the date of completion of the construction work i.e. 31.10.2017. Mr. Sharma also agreed to the fixation of rent on reinduction of the petitioner tenant at the market rates prevalent in the area where the demised premises situate by the Rent Controller concerned.
6. In view of the above, nothing is left to be adjudicated upon in this petition on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process.. The same, therefore, is disposed of with a direction to the petitioner tenant to hand over the vacant possession of the demised premises to respondent landlord on or before 31st October, 2016. He shall pay the use and occupation charges till 31st October, 2016 at the rates, he is paying at present. On his failure to hand over the vacant possession by the aforesaid date, the respondent landlord shall have the right to execute the order of eviction and in that event the petitioner tenant shall also have no right to claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. his reinduction in the newly constructed building.
There shall be a direction to the respondent landlord to complete the construction on the spot on or before 31st October, 2017. He shall reinduct the petitioner tenant in equal area i.e. 36.53 square meters, presently occupied by him in the demised premises within one month thereafter i.e. by 30th November, 2017. On the failure of the respondent landlord to compete the construction within the stipulated period and reinduction of the petitioner tenant in the newly constructed building, he shall be liable to pay the damagesDamages Damages (often termed ‘user damage’) are readily awarded at common law for the invasion of rights to tangible moveable or immovable property (by detinue, conversion or trespass). Damages are also available on a similar basis for patent infringement and breaches of other intellectual property rights of a proprietary character. at the rate of Rs.1,000/per day from 1.12.2017 onwards till he is reinducted as tenant.
7. As regards the rent on reinduction, the parties shall file a joint application for the purpose in the Court of learned Rent Controller at Hamirpur. The application so filed shall be decided by learned Rent Controller, in accordance with law and taking into consideration the rates prevalent in the area where the demised premises situate, after affording an opportunity of being heard to the parties on both sides. Pending application(s), if any, shall also stand disposed of.”
(emphasis supplied)
4. The appellant changed his Advocate and then filed review petition before the High Court being Review Petition No. 65/2016, asserting that he had never instructed his counsel to make such statement before the Court regarding the reinduction of the respondent tenant in the newly constructed shops. The said review petition came to be dismissed vide order dated 24.8.2016. Consequently, both these decisions (dated 12.5.2016 and 24.8.2016) passed by the High Court are subject matter of challenge in the present appeals.
5. The principal argumentArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. of the appellant is that the statement made by his counsel before the High Court was not binding on him, as it was made without his instructions. For that, reliance has been placed on the decision of this Court in Himalayan Coop. Group Housing Society vs. Balwan Singh & Ors.1.
6. When the special leave petitions were listed for admission on 9.1.2017, this Court deferred the hearing by passing the following order: “On a query as to whether the petitioner would be in a position still to spare a small room for the respondent, learned counsel prays for some time to produce a plan of the shop. List the matter after three weeks.”
(emphasis supplied)
The matter was then listed on 15.2.2017 when the Court noted the submission of the learned counsel for the appellant and issued notice to the respondent. That order reads thus: ” Delay condoned. The learned counsel for the petitioner submits that the respondent is not even permitting the petitioner to demolish the building and go for construction. In view of the above submission, issue notice, returnable in four weeks.”
7. Thereafter, the matter was listed on 14.11.2017 when the Court after noting the submissions of the parties, passed the following order:
” The petitioner is permitted to complete the construction of the building. There shall be no obstruction whatsoever caused by the respondent or his men for doing the construction work. The respondent shall also not cause any obstruction for the ingress and egress of the petitioner. The petitioner is directed to complete the construction within four months from today. List on 1.5.2018, when the parties are directed to be present before this Court. In view of the order, as above, the petitioner shall not be liable to pay the amount of Rs.1000/ per day, as ordered by the High Court for the delayed construction. We make it clear that before the petitioner making the actual use of the premises, permission shall be sought from this Court so that this Court may pass appropriate orders to protect the interests of the respondent as well.”
(emphasis supplied)
It has come on record that during the pendency of these cases, the appellant transferred the abutting plot being khasra No. 778 to his son on 14.3.2018.
8. Be that as it may, in view of the deliberations in Court, the learned counsel for the appellant sought time to take instructions, as is noted in the order dated 21.8.2019 which reads thus: ” List these matters after three weeks to enable the counsel for the petitioner to get instructions in the matter.”
(emphasis supplied)
Again on 22.11.2019, the matter was deliberated upon, whereafter the learned counsel appearing for the respondent took time to file affidavitAffidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. of a qualified Architect to show that the building constructed after demolition of the suit premises can be provided with access to the upper floors (first and second floors) from outside the building. That has been recorded in the order dated 22.11.2019, which reads thus: ” Learned counsel for the sole respondent prays for time to place on record affidavit of a qualified Architect indicating therein the feasibility of providing access to first and second floor of the building from outside the building. List the matters on 5th December, 2019.”
Pursuant to the liberty given, the respondent has filed an affidavit of one RamLord Rama A prince of the Solar Dynasty (Ikshaku Vamsa, capital Ayodhya). His victorious story was portrayed by Valmiki in Ramayana. He identified him as the Avatar of Lord Vishnu. When the Brahmins became unethical, cruel, and greedy, he appeared to restore the Sanatan Dharma. He was trained by Rishi Viswamitra. His rule impacted for 10000 years. Ramrajya means good administration. Swaroop, son of Mr. PrithviEarth Sixty million years ago, the Earth may not have been radically different from the world known today. Vast soils supported dense vegetation, including banyan-like trees across the Indian subcontinent, with flourishing plant life extending through what is now Central Asia. Rivers resembling the modern Amazon may already have sustained abundant fish populations, while reptiles, snakes, turtles, and primates moved freely across diverse ecosystems. Human beings—both intelligent and unintelligent—were present, navigating cycles of stability and catastrophe. Localized cataclysms may have occurred without globally erasing life. Monkeys, snakes, and other familiar animals are assumed to have coexisted with humans, reinforcing the claim that biological continuity, rather than linear evolution, defines Earth’s history. From this perspective, fossil interpretation is seen as fragmentary and imaginative, shaped by academic models rather than complete evidence, with scholars constructing theoretical problems and resolving them through evolving intellectual frameworks rather than absolute historical certainty. Chand, a qualified Architect, accompanied by the relevant sketches/plan(s) and photographs of the building from outside, as well as, floorwise in support of the stand taken earlier that the appellant can provide access to the upper floors through the staircase outside the newly constructed building, without disturbing the possession of the respondent on the ground floor thereat. The appellant, however, by filing affidavit dated 20.1.2020, has pointed out that the staircase already constructed is on the rear side of the building within the premises (being triplex house) and it is not possible to provide additional access to the first and second floors from outside the building. The appellant is also placing reliance on the photographs in support of this submission.
9. The moot question is: whether the appellant should be bound by the statement made by his counsel before the High Court that the respondent tenant will be reinducted in equal area in the newly constructed building within one month i.e. on or before 30.11.2017 from the date of completion of the construction work i.e. 31.10.2017. From the tenor of the statement made before the High Court on behalf of the appellant, it is obvious that it is an unequivocal statement made by the counsel engaged by the appellant to espouse his (appellant’s) cause before the High Court.
It is not the case of the appellant that he had expressly instructed his counsel not to make such a statement. Further, the statement was in respect of the commitment of the appellant qua the subject matter of the proceedings in which the counsel was engaged and instructed to appear. Not only that, right from the beginning and even before this Court, an attempt was made by the parties to explore possibility of working out an amicable solution, as is evident from the order dated 9.1.2017 before the respondent was put to notice of these appeals, and more particularly, dated 14.11.2017.
10. Considering the above, the appellant cannot now be allowed to resile from the statement made before the High Court, which the High Court justly declined to undo in the review petition filed by the appellant for that purpose. In the peculiar facts of this case, the decision of this Court in Himalayan Coop. Group Housing Society (supra) will be of no avail to the appellant. Inasmuch as, it is not a case where the counsel, who made the statement was not engaged by the appellant before the High Court.
The engagement was in respect of eviction proceedings and the statement was in relation to the commitment of the appellant qua the subject matter thereof and being an unequivocal statement, it will be binding on the appellant. In any case, even this Court showed indulgence to the appellant on the basis of impression given to this Court about the possibility of at least sparing a small room for the respondent, which was the basis for issuing notice to the respondent, as is evident from the orders dated 9.1.2017 and 15.2.2017.
11. Reverting to the exposition in paragraph 22 of the reported decision, the same reads thus:
” 22. Apart from the above, in our view lawyers are perceived to be their client’s agents. The law of agency may not strictly apply to the client lawyer’s relationship as lawyers or agents, lawyers have certain authority and certain duties. Because lawyers are also fiduciaries, their duties will sometimes be more demanding than those imposed on other agents. The authority agency status affords the lawyers to act for the client on the subject matter of the retainer. One of the most basic principles of the lawyer-client relationship is that lawyers owe fiduciary duties to their clients. As part of those duties, lawyers assume all the traditional duties that agents owe to their principals and, thus, have to respect the client’s autonomy to make decisions at a minimum, as to the objectives of the representation.
Thus, according to generally accepted notions of professional responsibility, lawyers should follow the client’s instructions rather than substitute their judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) for that of the client. The law is now well settled that a lawyer must be specifically authorised to settle and compromise a claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based., that merely on the basis of his employment he has no implied or ostensible authority to bind his client to a compromise/settlement. To put it alternatively that a lawyer by virtueVirtue Aristotelian model: Excess Mean Deficiency >Irascibility Gentleness Spiritlessness >Rashness Courage Cowardice>Shamelessness Modesty Diffidence>Profligacy Temperance Insensitiveness>Envy Righteous Indignation Malice>Greed Justice Loss>Prodigality Liberality Meanness>Boastfulness Honesty Self-deprecation>Flattery Friendliness Surliness>Subservience Dignity Stubborness>Luxuriousness Hardness Endurance>Vanity Greatness of Spirit Smallness of Spirit>Extravagance Magnificence Shabbiness> Rascality Prudence Simpleness. of retention, has the authority to choose the means for achieving the client’s legal goalAim ambition aspiration course desideratum design desire direction end intent intent/intention intention mark object objective plan purpose scheme target where one is heading wish, while the client has the right to decide on what the goal will be. If the decision in question falls within those that clearly belong to the client, the lawyer’s conduct in failing to consult the client or in making the decision for the client, is more likely to constitute ineffective assistance of counsel.” Our attention was also invited to paragraph 31 of the same decision, which reads thus:
“31. Therefore, it is the solemn duty of an advocate not to transgress the authority conferred on him by the client. It is always better to seek appropriate instructions from the client or his authorised agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act before making any concession which may, directly or remotely, affect the rightful legal right of the client. The advocate represents the client before the court and conducts proceedings on behalf of the client. He is the only link between the court and the client. Therefore his responsibility is onerous. He is expected to follow the instructions of his client rather than substitute his judgment.” In addition, we may usefully refer to paragraph 32 of the said decision, which reads thus:
“32. Generally, admissions of factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. made by a counsel are binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions. Furthermore, a client is not bound by a statement or admission which he or his lawyer was not authorised to make. A lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed.
We hasten to add neither the client nor the court is bound by the lawyer’s statements or admissions as to matters of law or legal conclusions. Thus, according to generally accepted notions of professional responsibility, lawyers should follow the client’s instructions rather than substitute their judgment for that of the client. We may add that in some cases, lawyers can make decisions without consulting the client. While in others, the decision is reserved for the client. It is often said that the lawyer can make decisions as to tactics without consulting the client, while the client has a right to make decisions that can affect his rights.”
(emphasis supplied)
As aforesaid, in the present case, the counsel who was engaged by the appellant and had appeared for him before the High Court did not, stricto sensu, transgress the authority conferred on him by the appellant. Notably, the appellant filed review petition before the High Court by engaging another Advocate for reasons best known to him. This Court has deprecated the conduct of such petitioners and has opined that such review petitions should not be encouraged and need to be dismissed, as expounded in Tamil Nadu ElectricityElectricity A means of transferring energy from one place to another, generally in a form that is more useful for converting energy into services such as lighting, heating or transport. The means of moving electricity is usually an electric circuit in which an electric charge is made to flow along a closed path, for example within a cable. Use of electricity by consumers to provide energy services does not create greenhouse gas emissions or air pollution at the point of use, although the generation of the electricity may do so. Board & Anr. vs. Raju Reddiar & Anr.2 Not only that, even before this Court, the appellant, advisedly, showed willingness to explore possibility of settlement as is evident from different orders recorded above.
It is obvious that the delivery of possession of the suit premises, then in possession of the respondent, was expedited and made over to the appellant only after intervention of this Court, which indulgence was shown because the appellant had expressed inclination to spare portion of premises for the respondent. Only after this Court intervened, the appellant could take the construction of proposed building forward and completed it on 19.6.2018. In terms of the order dated 14.11.2017 of this Court, it was made absolutely clear that the appellant will not put the newly constructed premises to use without seeking prior permission of this Court. That permission is yet to be given to the appellant.
12. The argument of the appellant that the respondent cannot take benefit of amendment to Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987 in the form of Himachal Pradesh Rent Control (Amendment) Act, 2008, will be of no avail to the fact situation of the present case. For, in this case, the appellant is obliged to abide by the unequivocal statement made before the Court to reinduct the respondenttenant in the newly constructed building and to provide him same area which was being used by him earlier, namely, 36.53 square meters. Considering the above, the appellant cannot be permitted to extricate himself from the obligation flowing from the impression given to the Court (before the High Court and again before this Court) and need to be bound by the same.
13. However, from the subsequent affidavits filed before this Court, it is obvious that the entire ground floor cannot be given to the respondent. Initially, the appellant had given an offer to accommodate the respondent on the upper floor, but it is noticed that the staircase going towards the upper floors (namely, first and second floor) in the newly constructed building passes through the ground floor itself. The same is erected at the rear side within the building (being triplex house). The photographs produced before us, however, depict that an opening (exit door) is provided on the rear side of the building, on the ground floor, which opens towards plot No. 778 (which the appellant had transferred in favour of his son during the pendency of these appeals).
In other words, it is possible to provide access to the upper floors from the rear side of the building, which also opens on the road (as a car parked at that entrance can be seen in the photographs) or portion of plot being khasra No. 778 (now owned by the appellant’s son). The fact remains that the staircase has been erected in such a manner, for the reasons best known to the appellant, that the access to first and second floors would be possible only through the ground floor premises, as it is inside the building and not outside the building.
14. At the conclusion of the proceedings, the learned counsel for the appellant without prejudice, gave offer to provide portion of the marked ground floor premises to the respondent, admeasuring 2.25 meters x 7.57 meters by carving out a passage within the ground floor providing access for upper floors through the staircase from the front door of the newly constructed building. The proposed ground floor plan, as submitted by the appellant through counsel is as follows:
15. This offer has been turned down by the respondent, firstly because the area of the premises will get reduced to just about 17.0325 square meters instead of the original area, admeasuring 36.53 square meters. Moreover, the premises, as offered, would be unusable for carrying on the business as cloth merchant therefrom. The width being just 2.25 meters (7.382 feet) will not be enough to accommodate sale counter and stock storage space, and moreso leaving no space for free movement of customers/sales persons.
16. After considering the argumentsArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. of both parties, we are of the considered opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. that the appellant must provide the entire front portion of the ground floor premises, measuring 3.73 meters (width) x 7.57 meters (length) by putting up a brick wall separating the back end of the ground floor premises, where the staircase has been erected as is shown in the plan. In other words, instead of width of 2.25 meters, the premises to be given to the respondent will have the entire frontage width of 3.73 meters with exclusive access from the front side. The depth or the length of the premises would be 7.57 meters as indicated in the plan.
The appellant shall provide access to the first and second floors from the rear side of the building where exit door and staircase has already been erected, as is noticed from the plan/photograph(s). This is the most equitable arrangement that can be provided in the fact situation of the present case, to do complete justiceJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία) to the parties. However, while doing so, as the respondent tenant will be deprived of almost 8.2939 square meters of the original area (36.53 square meters – 28.2361 square meters), the appellant must compensate the respondent commensurately for the said loss of area by paying amount quantified at Rs.73,898.649 rounded off to Rs.74,000/[ i.e. equivalent to prevailing circle rate (Rs.8910/per square meter3) for the concerned locality, that is to say, 8.2939 x 8910], by way of compensation/damages.
17. The arrangement directed by us would result in compliance of the statement made on behalf of the appellant before the High Court and which was made the basis to dispose of the respondent’s revision petition and at the same time, minimise the loss of area to be made over to the respondenttenant and optimize the utility of the premises to be used by him for nonresidential purpose after reinduction and also adequately compensate him for the loss of area.
18. We may note that this arrangement is in lieu of the liability of the appellant to pay a sum of Rs.1,000/( Rupees one thousand only) per day from 1.12.2017 towards damages for delayed reinduction of the respondent as directed by the High Court, which, if given effect to, would be substantial amount. In other words, to do substantial and complete justice to the parties, we have modified the impugned decree to the above extent. In terms of this modified decree, the appellant shall forthwithForthwith In Rao Mahmood Ahmad Khan v. Ranbir Singh , has held that the word ‘forthwith’ is synonymous with the word immediately, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it. The interpretation of the word ‘forthwith’ would depend upon the terrain in which it travels and would take its colour depending upon the prevailing circumstances which can be variable. (Shento Varghese v. Julfikar Husen & Ors [2024] 6 S.C.R. 409). Anwar Ahmad v. State of UP [1976] 1 SCR 779 : AIR (1976) SC 680; Nevada Properties (P) Ltd. v. State of Maharashtra & Anr. [2019] 15 SCR 223 : (2019) 20 SCC 119; State of Maharashtra v. Tapas D. Neogy [1999] Supp. 2 SCR 609 : 1999 INSC 417; Ravinder Kumar & Anr. v. State of Punjab [2001] Supp. 2 SCR 463 : (2001) 7 SCC 690; Bhajan Singh and Ors. v. State of Haryana [2011] 7 SCR 1 : 2011 INSC 422; HN Rishbud v. State of Delhi [1955] 1 SCR 1150 : (1954) 2 SCC 934; Sk. Salim v. State of West Bengal [1975] 3 SCR 394 : (1975) 1 SCC 653; China Apparao and Others v. State of Andhra Pradesh [2002] Supp. 3 SCR 175 : (2002) 8 SCC 440; Navalshankar Ishwarlal Dave v. State of Gujarat [1993] 3 SCR 676 : 1993 Supp. 3 SCC 754; Rao Mahmood Ahmad Khan v. Ranbir Singh [1995] 2 SCR 230 : (1995) Supp. 4 SCC 275; Bidya Deb Barma v. District Magistrate [1969] 1 SCR 562 : (1968) SCC OnLine SC 82. erect a brick wall beyond 7.57 meters from the front door, so as to divide the ground floor premises into two parts as indicated above. We direct the appellant to reinduct the respondent in the front portion, admeasuring 3.73 meters x 7.57 meters and the leftover rear portion can be used by the appellant for providing access to upper floors (first and second floors) through the staircase already erected in that area.
19. We, accordingly, modify the order/decree passed by the High Court vide impugned judgment as under:
(i) The appellant shall construct the brick wall separating ground floor premises in two portions in the manner mentioned hitherto within six weeks from today and handover the front portion premises to the respondent, whereafter the respondent can use the same for nonresidential purpose on monthly rent basis.
(ii) In addition, the appellant shall pay the amount of Rs.74,000/( Rupees seventy four thousand only) towards compensation/damages and until such payment is made, the appellant shall desist from using the first and second floor premises for any purpose.
(iii) We appoint the Chief Administrative Officer, DistrictDistrict India has 800 districts under 29 federal states and 8 union territories. Adilabad Agar-Malwa Agra Ahilyanagar Ahmedabad Aizawl Ajmer Akola Alappuzha Aligarh Alipurduar Alirajpur Alluri Sitharama Raju Almora Alwar Ambala Ambedkar Nagar Amethi Amravati Amreli Amritsar Amroha Anakapalli Anand Ananthapuramu Anantnag Anjaw Annamayya Anugul Anuppur Araria Ariyalur Arvalli Arwal Ashoknagar Auraiya Aurangabad Ayodhya Azamgarh Bagalkote Bageshwar Baghpat Bahraich Bajali Baksa Balaghat Balangir Baleshwar Ballari Ballia Balod Balodabazar-Bhatapara Balotra Balrampur Balrampur-Ramanujganj Banas Kantha Banda Bandipora Banka Bankura Banswara Bapatla Bara Banki Baramulla Baran Bareilly Bargarh Barmer Barnala Barpeta Barwani Bastar Basti Bathinda Beawar Beed Begusarai Belagavi Bemetara Bengaluru Rural Bengaluru Urban Betul Bhadohi Bhadradri Kothagudem Bhadrak Bhagalpur Bhandara Bharatpur Bharuch Bhavnagar Bhilwara Bhind Bhiwani Bhojpur Bhopal Bichom Bidar Bijapur Bijnor Bikaner Bilaspur Bilaspur Birbhum Bishnupur Biswanath Bokaro Bongaigaon Botad Boudh Budaun Budgam Bulandshahr Buldhana Bundi Burhanpur Buxar Cachar Central Chamarajanagar Chamba Chamoli Champawat Champhai Chandauli Chandel Chandigarh Chandrapur Changlang Charaideo Charkhi Dadri Chatra Chengalpattu Chennai Chhatarpur Chhatrapati Sambhajinagar Chhindwara Chhotaudepur Chikkaballapura Chikkamagaluru Chirang Chitradurga Chitrakoot Chittoor Chittorgarh Chumoukedima Churachandpur Churu Coimbatore Cooch Behar Cuddalore Cuttack Dadra And Nagar Haveli Dahod Dakshin Bastar Dantewada Dakshin Dinajpur Dakshina Kannada Dhenkanal Dholpur Dhubri Dhule Dibang Valley Dibrugarh Didwana-Kuchaman Dima Hasao Dimapur Dindigul Dindori Diu Doda Dr. B.R. Ambedkar Konaseema Dumka Dungarpur Durg East East Garo Hills East Godavari East Jaintia Hills East Kameng East Khasi Hills East Siang East Singhbum Eastern West Khasi Hills Eluru Ernakulam Erode Etah Etawah Faridabad Faridkot Farrukhabad Fatehabad Fatehgarh Sahib Fatehpur Fazilka Ferozepur Firozabad Gadag Gadchiroli Gajapati Ganderbal Gandhinagar Ganganagar Gangtok Ganjam Garhwa Gariyaband Gaurela-Pendra-Marwahi Gautam Buddha Nagar Gaya Ghaziabad Ghazipur Gir Somnath Giridih Goalpara Godda Golaghat Gomati Gonda Gondia Gopalganj Gorakhpur Gumla Guna Guntur Gurdaspur Gurugram Gwalior Gyalshing Hailakandi Hamirpur Hamirpur Hanumakonda Hanumangarh Hapur Harda Hardoi Haridwar Hassan Hathras Haveri Hazaribagh Hingoli Hisar Hnahthial Hojai Hooghly Hoshiarpur Howrah Hyderabad Idukki Imphal East Imphal West Indore Jabalpur Jagatsinghapur Jagitial Jaipur Jaisalmer Jajapur Jalandhar Jalaun Jalgaon Jalna Jalore Jalpaiguri Jammu Jamnagar Jamtara Jamui Jangoan Janjgir-Champa Jashpur Jaunpur Jayashankar Bhupalapally Jehanabad Jhabua Jhajjar Jhalawar Jhansi Jhargram Jharsuguda Jhunjhunu Jind Jiribam Jodhpur Jogulamba Gadwal Jorhat Junagadh Kabeerdham Kachchh Kaimur (Bhabua) Kaithal Kakching Kakinada Kalaburagi Kalahandi Kalimpong Kallakurichi Kamareddy Kamjong Kamle Kamrup Kamrup Metro Kancheepuram Kandhamal Kangpokpi Kangra Kannauj Kanniyakumari Kannur Kanpur Dehat Kanpur Nagar Kapurthala Karaikal Karauli Karbi Anglong Kargil Karimganj Karimnagar Karnal Karur Kasaragod Kasganj Kathua Daman Damoh Dangs Darbhanga Darjeeling Darrang Datia Dausa Davanagere Deeg Dehradun Deogarh Deoghar Deoria Devbhumi Dwarka Dewas Dhalai Dhamtari Dhanbad Dhar Dharashiv Dharmapuri Dharwad Dhemaji Katihar Katni Kaushambi Kendrapara Kendujhar Keyi Panyor Khagaria Khairagarh-Chhuikhadan-Gandai Khairthal-Tijara Khammam Khandwa (East Nimar) Khargone (West Nimar) Khawzawl Kheda Kheri Khordha Khowai Khunti Kinnaur Kiphire Kishanganj Kishtwar Kodagu Koderma Kohima Kokrajhar Kolar Kolasib Kolhapur Kolkata Kollam Kondagaon Koppal Koraput Korba Korea Kota Kotputli-Behror Kottayam Kozhikode Kra Daadi Krishna Krishnagiri Kulgam Kullu Kumuram Bheem Asifabad Kupwara Kurnool Kurukshetra Kurung Kumey Kushinagar Lahaul And Spiti Lakhimpur Lakhisarai Lakshadweep District Lalitpur Latehar Latur Lawngtlai Leh Ladakh Leparada Lohardaga Lohit Longding Longleng Lower Dibang Valley Lower Siang Lower Subansiri Lucknow Ludhiana Lunglei MAUGANJ Madhepura Madhubani Madurai Mahabubabad Mahabubnagar Mahasamund Mahendragarh Mahesana Mahisagar Mahoba Mahrajganj Maihar Mainpuri Majuli Malappuram Malda Malerkotla Malkangiri Mamit Mancherial Mandi Mandla Mandsaur Mandya Munger Murshidabad Muzaffarnagar Muzaffarpur Mysuru Nabarangpur Nadia Nagaon Nagapattinam Nagarkurnool Nagaur Nagpur Nainital Nalanda Nalbari Nalgonda Namakkal Namchi Namsai Nanded Nandurbar Nandyal Narayanpet Narayanpur Manendragarh-Chirmiri-Bharatpur(M C B) Mangan Mansa Marigaon Mathura Mau Mayiladuthurai Mayurbhanj Medak Medchal Malkajgiri Meerut Meluri Mirzapur Moga Mohla-Manpur-Ambagarh Chouki Mokokchung Mon Moradabad Morbi Morena Mulugu Mumbai Mumbai Suburban Mungeli Narmada Narmadapuram Narsimhapur Nashik Navsari Nawada Nayagarh Neemuch New Delhi Nicobars Nirmal Niuland Niwari Nizamabad Noklak Noney North North 24 Parganas North And Middle Andaman North East North Garo Hills North Goa North Tripura North West Ntr Nuapada Nuh Pakke Kessang Pakur Pakyong Palakkad Palamu Palghar Pali Palnadu Palwal Panch Mahals Panchkula Pandhurna Panipat Panna Papum Pare Parbhani Parvathipuram Manyam Paschim Bardhaman Paschim Medinipur Pashchim Champaran Patan Pathanamthitta Pathankot Patiala Patna Pauri Garhwal Peddapalli Perambalur Peren Phalodi Phek Pherzawl Pilibhit Pithoragarh Poonch Porbandar Prakasam Pratapgarh Pratapgarh Prayagraj Puducherry Pudukkottai Pulwama Pune Purba Bardhaman Ranipet Ratlam Ratnagiri Rayagada Reasi Rewa Rewari Ri Bhoi Rohtak Rohtas Rudraprayag Rupnagar S.A.S Nagar Sabar Kantha Sagar Saharanpur Saharsa Sahebganj Saitual Sakti Salem Salumbar Samastipur Samba Purba Medinipur Purbi Champaran Puri Purnia Purulia Rae Bareli Raichur Raigad Raigarh Raipur Raisen Rajanna Sircilla Rajgarh Rajkot Rajnandgaon Rajouri Rajsamand Ramanagara Ramanathapuram Ramban Ramgarh Rampur Ranchi Ranga Reddy Sambalpur Sambhal Sangareddy Sangli Sangrur Sant Kabir Nagar Saraikela Kharsawan Saran Sarangarh-Bilaigarh Satara Satna Sawai Madhopur Sehore Senapati Seoni Sepahijala Serchhip Shahdara Shahdol Shahid Bhagat Singh Nagar Shahjahanpur Shajapur Shamator Shamli Sheikhpura Sheohar Sheopur Shi Yomi Shimla Shivamogga Shivpuri Shopian Shrawasti Siaha Siang Siddharthnagar Siddipet Sidhi Sikar Simdega Sindhudurg Singrauli Sirmaur Sirohi Sirsa Sitamarhi Sitapur Sivaganga Sivasagar Siwan Solan Solapur Sonbhadra Sonepur Sonipat Sonitpur Soreng South South 24 Parganas South Andamans South East South Garo Hills South Goa South Salmara Mancachar South Tripura South West South West Garo Hills South West Khasi Hills Sri Muktsar Sahib Sri Potti Sriramulu Nellore Sri Sathya Sai Srikakulam Srinagar Sukma Sultanpur Sundargarh Supaul Surajpur Surat Surendranagar Surguja Suryapet Tamenglong Tamulpur Tapi Tarn Taran Tawang Tehri Garhwal Tengnoupal Tenkasi Thane Thanjavur The Nilgiris Theni Thiruvallur Thiruvananthapuram Thiruvarur Thoothukkudi Thoubal Thrissur Tikamgarh Tinsukia Tirap Tiruchirappalli Tirunelveli Tirupathur Tirupati Tiruppur Tiruvannamalai Tonk Tseminyu Tuensang Tumakuru Udaipur Udalguri Udham Singh Nagar Udhampur Udupi Ujjain Ukhrul Warangal Wardha Washim Wayanad West West Garo Hills West Godavari West Jaintia Hills West Kameng West Karbi Anglong West Khasi Hills West Siang West Singhbhum West Tripura Wokha Y.S.R. Yadadri Bhuvanagiri Yadgir Yamunanagar Yavatmal Zunheboto Umaria Una Unakoti Unnao Upper Siang Upper Subansiri Uttar Bastar Kanker Uttar Dinajpur Uttara Kannada Uttarkashi Vadodara Vaishali Valsad Varanasi Vellore Vidisha Vijayanagara Vijayapura Vikarabad Viluppuram Virudhunagar Visakhapatnam Vizianagaram Wanaparthy Court, Hamirpur as receiver in respect of the newly constructed building situated at Ward No. 6, M.C. Area, near Sabji Mandi, Up Mahal, Hamirpur, Himachal Pradesh owned by the appellant Om Prakash, to ensure proper implementation of the above terms and submit compliance report to this Court.
(iv) In case the appellant commits any breach of the condition of using the first and second floors until delivery of possession and payment of damages/compensation, the Chief Administrative Officer, District Court, Hamirpur shall report that fact to this Court forthwith and not later than one week from the knowledgeKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम् ," and "知识 Zhīshì," respectively. thereof.
(v) For determination of monthly rent upon reinduction of the respondent in the suit premises, the parties shall file a joint application before the Rent Controller at Hamirpur. The Rent Controller shall decide the same expeditiously and not later than six months from the date of presentation, in accordance with law after giving fair opportunity to both parties in that regard.
20. The appeals are partly allowed and the impugned judgments/decree stand modified in the aforementioned terms. There shall be no order as to costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs.. Pending interlocutory applications, if any, shall stand disposed of.
J. (A.M. Khanwilkar)
J. (Hemant Gupta)
J. (Dinesh Maheshwari)
New DelhiNew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi.;
January 30, 2020.
1 (2015) 7 SCCSCC Supreme Court Cases 373
2 (1997) 9 SCC 736
3 Per Notification Nos. HMR/DCH/DRA/Circle Rates-2019-20: 1517-37 dt. 30th March, 2019 and HMR/DCH/DRA/Circle Rates-2019-20: 247-63 dt. 31st March, 2018 issued by the District Collector, Hamirpur, District Hamirpur, H.P.