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Khubi Ram v. Lalit Mohan

Civil Appeal · 2017 INSC 679Decided 27 Jul 2017
Civil Appeal No. 1923 of 2010
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant was a tenant facing eviction over a dispute concerning arrears of rent, with the Rent Controller attributing the non-deposit of part of the arrears to a mistake of fact. The first appellate authority and later the Allahabad High Court upheld the eviction order against the tenant. The tenant and his wife, both handicapped, ran a small tailoring shop and had unmarried daughters still residing with them in the premises; the landlord, a retired government doctor, needed the premises to set up a clinic.

Decision Breakdown

The Supreme Court dismissed the appeal, thereby upholding the eviction order, but balanced the hardship on both sides by granting the tenant extended time, until 1 May 2019, to vacate and hand over possession, noting that one other tenant in the same building had yet to vacate. The Court made clear there would be no further extension of time on any ground and directed the tenant to file an undertaking to that effect within four weeks.

Lesson Learnt

Even where an eviction order is legally correct and upheld, courts can use their equitable discretion to grant a reasonable, final transition period to a vulnerable tenant, but such relief is one-time and non-extendable once granted.

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

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