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Chhote Lal Nishad (D) v. Ravinder Kumar Srivastava

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 6475 of 2008)Decided 5 Apr 2017
Civil Appeal No. 6475 of 2008
Justice R. Banumathi · Justice Sanjay Kishan Kaul

Background

A practising-advocate landlord sought eviction of his tenant on the ground of bona fide personal need, but his eviction suit was dismissed by the Rent Control Officer and, on revision, by the Additional District Magistrate. The Allahabad High Court, in a writ petition filed by the landlord, found that the lower authorities had ignored evidence of his genuine need (family size, guests, his legal practice) and quashed their orders, but instead of ordering eviction itself, gave the landlord liberty to file a fresh, detailed application before the Rent Control Officer for fresh adjudication. The tenant appealed to the Supreme Court, arguing only that the High Court should have issued notice to him before setting aside the orders in his favour.

Decision Breakdown

The Supreme Court held that the tenant suffered no prejudice from the lack of prior notice, because the High Court's order did not itself order eviction: it only quashed the existing orders and directed the landlord to file a fresh application, which would be decided afresh (de novo) after giving the tenant a full hearing. Since the tenant would get his opportunity to contest the landlord's claim at that fresh stage, his objection about want of notice at the High Court stage was without substance. The Supreme Court accordingly dismissed the tenant's appeal, leaving the landlord free to pursue a fresh eviction application as directed by the High Court.

Lesson Learnt

A procedural objection (such as lack of notice) will not succeed before an appellate court if the party complaining suffers no real prejudice: here, because the underlying dispute was being sent back for a full fresh hearing where the objecting party could fully participate.

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

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