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Amit Kumar and Another v. Bhushan Lal

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 3840-43 of 2017)Decided 8 Mar 2017
Civil Appeal Nos. 3840-43 of 2017
Justice R. Banumathi · Justice Mohan M. Shantanagoudar

Background

The appellants, landlords, had obtained concurrent eviction orders against the respondent-tenant from the Rent Controller and the Appellate Authority in respect of a house and a shop in Ambala Cantonment. On the tenant's revision, the High Court recorded a statement that the tenant would vacate the house by 30.09.2012, and, based on the landlords' counsel's concession, allowed the tenant to retain the shop provided he paid an enhanced rent of Rs. 10,000 per month (though the High Court's own order actually fixed it at Rs. 6,000). The landlords, aggrieved that they had not intended this concession, appealed to the Supreme Court by special leave.

Decision Breakdown

During the pendency of the appeal, the tenant handed over vacant possession of the house in compliance with the Supreme Court's interim directions, and was further directed to deposit arrears of rent, assessed at roughly Rs. 8.70 lakh, with the Court, which he did. The Court rejected the landlords' argument that no such rent-concession had been made before the High Court, since the High Court's own order clearly recorded the landlords' counsel's statement to that effect. Given that the tenant had already deposited the calculated arrears, the Court disposed of the appeals, permitting the landlords to withdraw the deposited amount, while clarifying that this did not bar them from pursuing further claims for arrears/mesne profits on the house or fair rent on the shop, or from filing a fresh eviction petition for the shop if a future need arose.

Lesson Learnt

A concession recorded in a court's own order is binding on the party that made it, even if that party later claims it was not intended; litigants should ensure their counsel's statements in court accurately reflect their actual position before an order is passed.

Official source (sci.gov.in)View Judgment (PDF)

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