KEYWORDS:- DELAY
DATE:-
- The powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. and jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of the 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. vested under Sections 226 and 227 is for the purpose of securing ends of 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).
ACTS:- Section 9 of the Rajasthan Rent Control Act, 2001
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.
Nonihal Singh Vs. Maya Devi
[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.36873688 of 2018 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.697273 of 2018]
O R D E R
ASHOK BHUSHAN, J.
1. Leave granted.
2. These appeals have been filed by the tenant challenging the orders dated 15.01.2018 and 27.02.2018 by which High Court of Rajasthan at Jaipur has rejected the miscellaneous application for extension of 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 ॥ and miscellaneous application to condone delay in depositing arrears of rent and mesne profits. Miscellaneous applications were filed in Writ PetitionPetition αναφορά > παρακαλώ (Prayer) No.19029 of 2017 which was earlier disposed of by the High Court on 01.11.2017.
3. Brief facts to be noted for deciding these appeals are: The respondent-landlady filed an application under Section 9 of the Rajasthan Rent Control Act, 2001 on 05.12.2006 before the Rent Tribunal, Alwar on the ground of default in payment of rent. The Tribunal vide its 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) dated 05.04.2014 allowed the application of landlady directing the appellant to handover the vacant possession within six months. The landlady was also entitled to receive rent from the date of filing the suit till the date of decision in the form of mesne profit.
4. The appeal was filed to the Rent Appellate Tribunal, 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 Alwar which too was dismissed on 03.05.2017. The appellant aggrieved by the orders passed by the Rent Tribunal and Rent Appellate Tribunal filed Writ Petition No.19029 of 2017 in the High Court which was disposed of by the High Court with certain directions. As per order dated 01.11.2017 passed by the High Court the appellant was to deposit arrears of rent before 31.12.2017 and further mesne profit at the rate of Rs.3,000/per month w.e.f. 01.11.2017. The appellant could not deposit the arrears of rent within time allowed by the High Court.
5. An application was filed by the appellant for extension of time to deposit the rent which was dismissed on 15.01.2018 by the following order: “The 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.” comes up on an application for extension of time to deposit arrears of rent under the order dated 01.11.2017 passed by this Court. I am of the considered view that no ground for extension of time is made out. It is accordingly dismissed.”
6. It is relevant to note that before 15.01.2018, the landlady has filed application for execution of decree of arrears of rent in which application the landlady has claimed arrears of rent from 04.09.2003 to 19.03.2017 totaling to Rs.96,997/. In the execution of decree the amount was deposited by the appellant on 12.01.2018 in Court in the execution proceedings. The aforesaid amount was also handed over to the decreeholder on 15.01.2018 and execution was filed recording full satisfaction.
7. The appellant further made a deposit of Rs.33,000/on 15.02.2018 in the bank account of landlady claiming to be mesne profit. Another miscellaneous application was filed by the appellant on 15.02.2018 in Writ Petition 4 No.19029 of 2017 prayingPraying It can be interpreted as a political idea. It implicitly assumes the existence of the powerful and the powerless, with an intermediate agency positioned between them. This agency, often unquestioned and abstract, functions to preserve the existing balance between power and poverty. In doing so, prayer operates as a mechanism that normalizes hierarchy, encourages acceptance over challenge, and sustains the status quo without requiring conscious awareness from those who participate in it. for condoning the delay in depositing the amount which application was also rejected by the High Court on 27.02.2018 by the following order: “Heard the counsel for the applicant and the nonapplicant on the application for condonation of delayCondonation of Delay It is not mandatory that a written application be filed seeking condonation of delay and relief can be granted in that regard even upon an oral request, provided sufficient cause is shown for such delayBhagmal & Ors. v. Kunwar Lal & Ors. [2010] 12 SCC 159; Sesh Nath Singh & Anr. v. Baidyabati Sheoraphuli Co-operative Bank Ltd. & Anr[2021] 7 SCC 313; Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy & Ors.[2013] 12 SCC 649 ( Liberal, pragmatic, justice-oriented, non-pedantic approach while dealing with an application for condonation of delay as Courts are not supposed to legalize injustice but are obliged to remove injustice) in depositing the arrears of rent/mesne profits in pursuance to the order dated 01.11.2017 passed by this Court in SBCWP No.19029/2017 titled Nonihal Singh vs. Smt. Maya Devi. Having heard the counsel for the applicant and the nonapplicant, I am of the considered view that in the facts obtaining no ground obtains for expanding the time for depositing the arrears of rent/mesne profits as prayed for. The application stands dismissed.”
8. Aggrieved against the aforesaid two orders, these appeals have been filed by the appellant. The appeals were taken on 27.03.2018 which were directed to be listed on 28.03.2018. In the meantime, respondent claims to have obtained possession of premises in question on 27.03.2018 itself. When the case was taken up by this Court on 28.03.2018, this Court noticing the submission of the respondent that the possession of the premises has been taken on 27.03.2018, directed for maintaining status quo.
9. When the matter was heard on 05.04.2018, learned counsel for the respondent filed an 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. annexing judgments of courts below. In the affidavit, it is stated that the appellant has not deposited the amount as per order dated 01.11.2017 of the High Court. The respondent refuted the 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. of the appellant that he has deposited the entire arrears of rent/mesne profits. It was further pleaded that as per order dated 05.04.2014, the appellant was directed to make payment of rent calculated at three times of the existing rate which has not been complied with.
10. We have heard learned counsel for the parties and perused the records.
11. These two appeals have been filed questioning the two orders passed by the High Court dated 15.01.2018 and 27.02.1018 by which orders prayerPraying It can be interpreted as a political idea. It implicitly assumes the existence of the powerful and the powerless, with an intermediate agency positioned between them. This agency, often unquestioned and abstract, functions to preserve the existing balance between power and poverty. In doing so, prayer operates as a mechanism that normalizes hierarchy, encourages acceptance over challenge, and sustains the status quo without requiring conscious awareness from those who participate in it. of the appellant for extension of time to deposit arrears of rent and condoning the delay in depositing arrears of rent has been rejected. Whether the High court committed any error in rejecting the aforesaid applications is the main question to be considered in the present appeals.
12. The writ petition challenging the order of Rent Tribunal and the Rent Appellate Tribunal filed by the appellant has been disposed of on 01.11.2017 with the following directions:
“(i) The petitioner-tenant shall be entitled to continue in occupation of the tenanted premises in question upto April 30, 2019, but not beyond subject to condition that he would hand over the vacant possession of the premises in question to respondent-landlord on or before April 30, 2019.
(ii) The petitioner-tenant shall pay arrears of rent or mesne profits, if any, till October 31, 2017, as determined by the courts within a period of two months from today.
(iii) The petitioner-tenant commencing 1st November, 2017 shall pay to respondent landlords, mesne profits @ Rs.3000/per month on or before 10th of each month.
(iv) The petitioner-tenant shall not alienate or otherwise create third party right, or hand over possession of the tenanted premises in question to any other person.
Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal Alwar, within a period of thirty days, from the date of this order. In case the petitioner-tenant fails to submit the undertaking as aforesaid within thirty days from today, and/or breaches the conditions of this order, the respondent landlords shall be 7 entitled to the immediate execution of the judgment and possession certificate dated 03.05.2017 and obtain possession of the premises in issue 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. in accordance with 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. The breach of this order shall also be liable to be punished as contempt of the court.”
13. The landlady has filed execution application on 25.03.2017 before the Rent Tribunal claiming rent of Rs.96,997/for the period from 04.09.2003 to 19.03.2017. In execution proceedings, aforesaid amount of Rs.96,997/has been deposited by the appellant on 12.01.2018 receipt of which payment has been filed as annexure P4. It is also relevant to note that in the execution proceedings dated 15.01.2018 court passed the following order: “Decree holder Maya Devi with Advocate Manish Jain present. The file has been pursued. Mentioned amount Rs.96997/in recovery warrant in compliance of O21 R 30 CPCCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding were handed over to decree holder Mrs. Maya Devi. The Advocate of decree holder expressed full satisfaction in the execution application. In view of full satisfaction into matter of execution, application is filed with a direction to consign the record.”
14. On the same date when the execution was filed recording satisfaction, the High Court rejected the application of the appellant for extension of time. The 8 order of the High Court does not reflect that as to whether parties brought into the notice of the Court that in pursuance of the execution application amount of Rs.96,997/has been deposited on 12.01.2018. The High Court exercises the jurisdiction under Article 226 and 227 for the purpose of securing the ends of justice. It is true that amount of arrears of rent as per order dated 01.11.2017 was to be deposited till 31.12.2017 and since the amount could not be deposited, application for extension of time was filed.
We have no doubt that had it been brought in the notice of the High Court that amount of Rs.96,997/has been deposited on 12.01.2018, the High Court would have considered the 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. that a substantial amount in pursuance of order of the High Court in execution proceedings has been deposited on 12.1.2018 that is before passing order of the High Court on the application for extension of time which fact was a relevant fact and the order dated 15.01.2018 has been passed in ignorance of the said fact. We are satisfied that order dated 15.01.2018 does not advance substantial justice.
Further, after depositing Rs.96,997/, a further amount of Rs.33,000/was deposited on 15.02.2018 directly in the bank account of landlady receipt of which has been filed as Annexure P6 which according to the appellant is rent for 11 months at the rate of Rs.3,000/subsequent to the period which was included in the execution application. After depositing amount of Rs.33,000/another miscellaneous application being No.80 of 2018 was filed praying for condonation of delay in depositing the amount.
On 27.02.2018 when application was taken both the amounts, i.e., Rs.96,997/and Rs.33,000/covering mesne profits upto February, 2018 were deposited. Copy of the Misc. Application No.80 of 2018 has been brought on record as Annexure P3. In paragraph 5 of the application there is an averment regarding deposit of amount of Rs.96,997/which was claimed to have been withdrawn by the respondent on 15.01.2018. Copy of the order sheet of the trial courtTrial court Court of original Jurisdiction > the court which examines the evidences for the first time. was also annexed.
Further, the amount from 20.03.2017 to 31.10.2017 and thereafter till February, 2018 was also claimed to be deposited which averment has been made in paragraph 6 of the application. It was also mentioned that the earlier application was dismissed on 15.01.2018. A perusal of the High Court’s order dated 27.02.2018 does not indicate 10 that the Court has referred to the above mentioned averments in the application.
15. In the subsequent application, prayer was made for condoning the delay in depositing the amount. The deposit had already been made by the appellant which was also accepted by the respondent which is clear from the order of the Trial Court dated 15.01.2018 as noted above. The circumstance that in execution proceedings the amount has been deposited and accepted by the landlady was a relevant fact for condonation of delay in depositing the amount. The power and jurisdiction of the High Court vested under Sections 226 and 227 is for the purpose of securing ends of justice. In the facts of the present case, the High Court vide its order dated 01.11.2017 has already permitted the appellant to continue in occupation of the tenanted premises in question upto 30.04.2019.
16. It is true that there was delay in depositing the arrears of rent by the tenant as per order dated 01.11.2017 but subsequently in execution proceedings deposits were made and further deposits were made in the bank account covering the period upto February, 2018, which facts were not adverted to by the High Court while rejecting the application for condonation of delay in deposit.
17. Learned counsel for the respondent submits that the deposit made by the appellant is not in accordance with the order dated 05.04.2014. It is submitted that in the order dated 05.04.2014 after six months from the order, the deposit was to be made at rate of three time of the rent. Order dated 05.04.2014 which is referred by the learned counsel for the respondent is to the following effect: ” :
Order :
Eventually petitioner’s this petition suit under Section 9 of the Rajasthan Rent Control Act, 2001 accepting against respondent with cost is decreed this way that respondent/tenant shall handover the disputed rented premises whose complete detail is described in para 3 of main petition suit by evacuating premise’s empty hold within 6 months from the date of decision to the petitioner/landlord. In the determined duration in the situation of giving the possession of the premises to the petitioner by respondent petitioner shall receive normal due rent till the receiving of the possession.
If the tenant does not evacuate the premises within 6 months from the date of issue of certificate of repossession then he shall be responsible to pay 3 times rent to the petitioner from the determined rate of due rent in the form of mesne profits from the date of issue of certificate of repossession. Petitioner shall have right to receive rent from the date of filing suit till date of decision according to rule in form of mesne profit.” The perusal of the said order indicates that the direction was that if the tenant does not evacuate the premises within 6 months from the date of issue of certificate of repossession, he shall be responsible to pay 3 times rent to the landlady.
18. There are two reasons due to which the above submission of the respondent cannot be accepted. Firstly, the order dated 05.04.2014 itself mentions that the liability to pay times rent shall accrue after six months from the date of issue of certificate of repossession. There is no material to indicate as to when certificate of repossession was issued. Secondly, the order made by the Rent Tribunal as well as Rent Appellate Tribunal stand superseded by the order of the High Court dated 01.11.2017 which was passed with the consentConsent Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra [2018] 13 SCR 920 : (2019) 18 SCC 191; Pramod Suryabhan Pawar v. State of Maharashtra [2019] 11 SCR 423 : (2019) 9 SCC 608.Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr [2024] 7 S.C.R. 8. Doing Sex: involves an active understanding of the circumstances, actions and consequences of the proposed act. An individual who makes a reasoned choice to act after evaluating various alternative actions (or inaction) as well as the various possible consequences flowing from such action (or inaction), consents to such action. of both the parties.
The High Court in its order dated 01.11.2017 recorded terms and conditions for permitting the appellant to continue in occupation of the premises in question till 30.04.2019. The terms and conditions recorded in the order by the High Court are clearly in variance with the decree of the Rent Tribunal and the Rent Appellate Tribunal. What was required to be adhered to are the directions of the High Court dated 01.11.2017 and not the order of the Tribunal as claimed by the learned counsel for the respondent.
19. We are, thus, of the 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 relevant materials have been brought on record to prove that the appellant deposited the arrears of rent/mesne profits as per order of the High Court dated 01.11.2017 though belatedly. The appellant has also brought on record the receipt of payment of amount of Rs.33,000/towards rent for the period of 20.03.2017 to 28.02.2018 @ Rs.3,000/towards March, 2018.
20. In the result, we set aside the orders of the High Court dated 15.01.2018 and 27.02.1018 and further direct that the appellant be put back in possession of the premises within a period of one week. The appellant shall continue to deposit the mesne profit as per order of the High Court dated 01.11.2017 and in the event of any default committed by the appellant, it shall be open for the respondent-landlady to take appropriate proceedings against the appellant. The appeals are allowed accordingly.
J. (A.K. SIKRI)
J. (ASHOK BHUSHAN)
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.,
APRIL 05, 2018