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Hari Narayan Bansal v. Dada Dev Mandir Prabandhak Sabha (Barah Gaon) Palam

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 13338 of 2015)Decided 3 Nov 2015
Civil Appeal No. 13338 of 2015
Justice Anil R. Dave · Justice S.A. Bobde

Background

The appellants were tenants who had run their businesses in shops owned by the respondent for about 35 years. The High Court dismissed their second appeal at the admission stage without framing a substantial question of law, and they came to the Supreme Court challenging that dismissal.

Decision Breakdown

The Supreme Court held that a substantial question of law must be framed only where a second appeal is admitted or finally decided in the appellant's favour, not where it is dismissed at the admission stage. Since no substantial question of law was involved, the High Court was right to dismiss the second appeal. On the tenants' request for more time, the Court allowed them not to be evicted until 31 December 2016, provided they gave the usual undertakings within four weeks. During that period they were directed to pay Rs 1,500 per month as compensation for use of the shops, and the amount already deposited with the Court was to be paid to the landlord as costs. The appeal was disposed of as dismissed, subject to these directions.

Lesson Learnt

A High Court can dismiss a second appeal at the first hearing without giving written reasons on a legal question, if no substantial legal issue is involved. A tenant facing eviction may get more time to leave, but this usually comes with conditions such as monthly payments.

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

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