RAM KUMAR & ORS. Vs. ABHINANDAN KUMAR TADAIYA (D) TH:LRS.&ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 8084 of 2015, Judgment Date: Sep 30, 2015

                               NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.8084 OF 2015
                (ARISING OUT OF SLP (CIVIL) NO.9796 OF 2012)

RAM KUMAR & ORS.                                                …APPELLANTS

                                   VERSUS

ABHINANDAN KUMAR TADAIYA (D) TH. LRS. & ORS.                 ...RESPONDENTS



                                  O R D E R




ADARSH KUMAR GOEL, J.





1.    Leave granted.  This appeal has been preferred  against  judgment  and
order dated 5th January, 2012 of the High Court of Judicature  at  Allahabad
passed in Civil Revision No.339 of 1992 arising out of eviction  proceedings
initiated against the appellants (tenants) by  the  respondents  (landlords)
on the ground of arrears
of rent from 14th February, 1984 to 14th June, 1990.  The courts
below have upheld the claim for eviction holding the appellants
to be defaulters.

2.    We have heard learned counsel for the parties.

3.    It has been pointed out by learned counsel for
the appellants that following finding has been recorded by
the High Court while  dismissing  the  revision  petition  by  the  impugned
order:-

“Admittedly, there is no material before this Court nor was produced  before
the trial Court with regard to those proceedings and  therefore,  no  notice
of the said plea can be taken.  Any other point was not pressed.   There  is
no merit in the revision.”



4.    It is pointed out that the above finding  has  been  recorded  without
considering the material which was available on record.   Attention  of  the
Court has been drawn to Chart (Annexure P-6  (Colly.)  at  page  41  of  the
Paper Book, which purports to depict details of the rent deposited in  Court
showing inter alia as follows:-


|Khafifa ADJ. (Daketi)        |        |                 |
|Case No.5/1990               |        |                 |
|Oct 1987-30 Sep 1990         |6075    |14/09/90         |


5.    Since there is nothing in the impugned order showing consideration  of
the aforesaid material, we allow this appeal, set aside the  impugned  order
and remit the matter to the High Court for a fresh decision.

6.    The parties are directed to appear before the  High  Court  for  fresh
proceedings on October 26, 2015.

7.    The High Court may look into the  material  on  record  which  may  be
pointed out by the parties and  take  a  decision  in  accordance  with  law
expeditiously.




                                                    …………..……..…………………………….J.
                                                            [ T. S. THAKUR ]


                                                    …………..….………………………………..J.
                                                       [ ADARSH KUMAR GOEL ]
NEW DELHI
SEPTEMBER 30, 2015