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K. Chinnammal (Dead) Thr. LRs. vs. L.R. Eknath & Anr.

Civil Appeal · 2023 INSC 518Decided 11 May 2023
Civil Appeal No. 3626 of 2023
Krishna Murari · Ahsanuddin Amanullah · K.M. Joseph · B.V. Nagarathna

Background

The landlord (respondent) sought eviction of the tenant-appellants before the Revenue Court, Madurai, for non-payment of lease rent (paddy) spanning several years. The Revenue Court directed the tenants to pay the arrears within two months of receiving its order, failing which eviction would follow; the tenants received the order on 10.10.2020 but deposited the amount only on 18.02.2021, over four months later, beyond the stipulated period. The Revenue Court then ordered eviction, which the Madras High Court (Madurai Bench) upheld in a short order under its supervisory jurisdiction (Article 227), leading to this appeal.

Decision Breakdown

The Supreme Court held that the tenants' own admitted timeline showed they were aware of their obligation and had even expressed readiness to pay well within time, yet actually deposited the amount only after the deadline had lapsed, so no genuine hardship (including from COVID-19) excused the delay, and the Court rejected reliance on the pandemic-related suo motu limitation-extension orders as irrelevant since those concerned limitation for filing proceedings, not compliance with a court's substantive direction. Reaffirming settled law on Article 227 (from Estralla Rubber and Garment Craft), the Court held that a High Court's supervisory jurisdiction is meant only to correct grave dereliction of duty or flagrant illegality, not to re-appreciate facts as an appellate court, and since the tenancy law's protection against eviction is a limited privilege that courts must not stretch further by leniency, the High Court's refusal to interfere was correct. The appeal was dismissed, upholding the eviction, with the earlier interim stay vacated.

Lesson Learnt

A tenant who is given a court-ordered deadline to cure a rent default must comply strictly and on time: general claims of hardship (including pandemic-related delay) will not excuse late payment when the tenant's own conduct shows no real obstacle existed, and higher courts will not use their limited supervisory powers to rescue a party from the consequences of its own delay.

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

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