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Ram Raj Chaurasia v. Sharda Devi & Anr.

Civil Appeal · 2018 INSC 1088Decided 20 Nov 2018
Civil Appeal No. 8066 of 2015
Justice Kurian Joseph · Justice Deepak Gupta · Justice Hemant Gupta

Background

Ram Raj Chaurasia, a tenant, had been evicted from his premises in 2015 on the ground that the landlord, Sharda Devi, needed the property back for reconstruction. The tenant alleged that no reconstruction had actually taken place and claimed this was because of collusion between the landlord and the builder (the second respondent), leaving him without his livelihood. The landlord, in turn, alleged it was the tenant who was colluding with the builder. The builder did not appear in the Supreme Court proceedings.

Decision Breakdown

The Supreme Court noted the conflicting allegations of collusion made by each side against the other and the builder, but did not resolve which version was true. Since the tenant had already been evicted in 2015 on the stated ground of reconstruction, the Court held that it was open to him to pursue whatever legal remedy was available to him if the reconstruction promise was not honoured, without granting any specific relief itself. The appeal was disposed of on this basis, expressly preserving the tenant's liberty to take further legal action, and any pending applications were also disposed of.

Lesson Learnt

A tenant evicted on the ground that the landlord needs the property for reconstruction is not left without recourse if that reconstruction never happens: he retains the right to pursue a separate legal remedy, even though the Supreme Court in this instance did not itself decide the collusion allegations.

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

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