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Surinder Pal Kaur v. Satpal

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 345 of 2015)Decided 13 Jan 2015
Civil Appeal No. 345 of 2015
Justice Dipak Misra · Justice Prafulla C. Pant

Background

This order sends the case back; it does not decide the dispute. Landlords sought eviction of a tenant from a house in Ambala City for non-payment of rent since 1987. The Punjab and Haryana High Court disposed of the matter in revision, apparently on the ground that the property was under attachment by a court-appointed Receiver when the eviction petition was filed.

Decision Breakdown

This is not a final decision on the dispute. The Court held that this reasoning was flawed, because it was not disputed that the respondents remained in possession as tenants on the relevant date despite the attachment. It allowed the appeal, set aside the High Court's revisional order and sent the matter back to the High Court for fresh adjudication in revision. The Court made no observations on the merits.

Lesson Learnt

Attachment of a property by a court-appointed Receiver does not by itself defeat an eviction case against a tenant who remains in possession. There is no final ruling yet on whether the tenants must be evicted.

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

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