Case: Hameed Kunju Vs. Nazim

of interference by the High Court in its supervisory jurisdiction under Article 227 in any of the four orders. The reasons are not far to seek.35. It is not in dispute that the respondent was aware of the eviction proceedings because he had been contesting the proceedings since inception at every stage in the Trial Court and then in appeals. It is also not in dispute that it was at his instance, the appellate Court had remanded the case to the Trial Court by order dated 28.01.2014 and fixed the date for the parties to appear before the Trial Court. It is also not in dispute that though the respondent knew the date (28.02.2014) of his appearance before the Trial Court, yet he failed to appear on 28.02.2014 and all subsequent dates despite second service of notice of the proceedings.36. In these circumstances, in our considered view, the Trial Court was fully justified in passing the eviction order on merits on 31.07.2014 against the respondent. Once the final order had been passed, the remedy of the respondent lies in filing appeal against such order to the appellate Court or apply for its setting aside under Order 9 Rule 13 of the Code. The respondent did not do so within the time prescribed for the reasons best known to him.37. In our considered opinion, this is not a case where the respondent could be held to be unaware of the eviction proceedings pending or/and decided against him nor it was a case holding that he was never afforded any opportunity to contest the eviction proceedings.38. On the other hand, we have no hesitation in forming an opinion that the respondent was contesting the eviction proceedings as a "professional litigant" and was successful to a large extent in keeping the proceedings pending for ten years which enabled him to enjoy possession of the suit shop to the detriment of appellants interest.39. In our considered opinion, no one prevented the respondent from appearing before the Trial Court after the remand and contest the proceedings on merits. Despite the knowledge of the proceedings and the date fixed by the appellate Court at his instance, if the respondent did not appear in the Trial Court and failed to contest the eviction proceedings, he has to blame himself and none. If for one or other reason, he could not appear on 28.02.2014, no one prevented him to appear on subsequent dates of hearing and show good or sufficient cause for his absence on the previous date of hearing.40. Apart from what is held above and disagreeing with the view of the High Court which persuaded the High Court to again remand the case, we are of the considered opinion that the appellant had ensured compliance of the order of the earlier appellate Court by paying the cost of Rs. 4000/- to the respondents counsel and Rs. 2000/- to the legal services. Indeed, the very fact that the appellant had stated in his counter affidavit duly supported by an affidavit of his advocate (pages 51-52 of SLP counter affidavit Para 5), there was no reason for the High Court to have doubted the sworn testimony of the appellant and his advocate on this issue. It should have been accepted by the High Court for want of anything said by the respondent in rebuttal except denying.41. In the light of what we have held above, there was, in our view, neither any basis nor any justifiable reason for the High Court to have directed holding of any factual inquiry into the question of payment of cost. The directions to hold an inquiry on this issue is, therefore, wholly illegal and uncalled for.42. We are also of the considered opinion that the applications filed by the respondent for setting aside of the eviction orders dated 31.07.2014, 19.03.2015 and 26.03.2015 and application for condonation of delay in filing such applications and lastly, an application filed for giving redelivery of suit shop were in the nature of abusing the process of the Court and were liable to be dismissed which unfortunately the High Court failed to do so and went on to entertain such applications.43. We also find that while issuing impugned directions, the High Court again exceeded its supervisory jurisdiction under Article 227 when it went to the extent of issuing direction to the Trial Court to "allow" the applications IA Nos. 789 and 790 of 2015 filed by the respondent.44. In so doing, the High Court failed to see that the High Court curtailed the judicial powers of the Trial Court in passing appropriate order on such applications. The High Court had no jurisdiction to issue directions to the Trial Court to pass a particular order by either allowing the application or rejecting it. All that the High Court could do in such case was to remand the case and leave the Trial Court to pass appropriate orders on the application(s) in exercise of its judicial discretion.45. Be that as it may, once we hold that the impugned order is without jurisdiction, the same deserves to be set aside.46. Learned counsel for the respondent (tenant) while supporting the impugned order argued some points but in the light of our findings recorded supra the points urged by learned counsel for the respondent has not substance. We, therefore, do not consider it necessary to deal with them in detail.47. Before parting, we consider it apposite to observe that the object of the Rent Laws all over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need.48. We sincerely feel that the eviction matters should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]24. Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeal, set aside the impugned order and dismiss the writ petition filed by the respondent out of which this appeal arises.In our considered opinion, the detailed facts mentioned supra would clearly reveal that the High Court not only erred in entertaining the respondents writ petition but also erred in exercising its supervisory jurisdiction by interfering in the orders impugned therein.27. In our considered view, there was no case made out on facts or/and in law by the respondent for entertaining his writ petition and interfere in the orders impugned therein.28. In the first instance itself, the High Court, in our view, should have dismissed the writ petition in limine on the ground that since all the 4 orders impugned in the writ petition were amenable to their challenge before the appellate authority, the writ petition was not the proper remedy without first filing the appeal and get the same decided by the appellate Court on its merit in accordance with law. In other words, the High Court should have declined to entertain the writ petition under Article 227 on the ground of availability of an alternative remedy of appeal to the respondent. Indeed the respondent had actually filed appeal in the first round of litigation against the orders of the Trial Court.29. There was, therefore, no reason much less justifiable one for the High Court to have entertained the writ under Article 227 against as many as four orders passed by the Trial Court/ executing Court.30. In any case, in our considered view, the executing Court having seized of the applications filed by the respondent, there was no justification on the part of the High Court to have entertained the writ petition and decided them like an original court. All that the High Court, in such circumstances, could do was to request the executing Court to dispose of the pending applications (IAs) filed by the respondent on their respective merits leaving the parties to challenge the orders once passed on such applications by filing appeal, before the appellate authorities. It was, however, not done.The High Court should have appreciated the undisputed fact that the eviction decree had stood executed and possession was already delivered to the appellant of all the suit shops including the shop in possession of the respondent in accordance with provisions of Order 21 Rule 35 of the Code. It should also have been appreciated that seven tenants had not pursued their case against the same eviction decree and allowed the appellant to obtain possession of the suit shops. Whereas it was only the respondent who had raised the frivolous pleas against such action in these proceedings.33. In our considered view, once the possession had been delivered and decree was recorded as satisfied in accordance with law, the litigation had come to an end leaving no lis pending. In these circumstances, in the absence of any prima facie case having been made out on any jurisdictional issue affecting the very jurisdiction of the Court in passing the eviction decree, the High Court should have declined to examine the legality of four orders impugned therein.34. Apart from what is held supra, we are of the considered opinion that there was absolutely no case made out by the respondent on the merits calling any kind of interference by the High Court in its supervisory jurisdiction under Article 227 in any of the four orders. The reasons are not far to seek.In these circumstances, in our considered view, the Trial Court was fully justified in passing the eviction order on merits on 31.07.2014 against the respondent. Once the final order had been passed, the remedy of the respondent lies in filing appeal against such order to the appellate Court or apply for its setting aside under Order 9 Rule 13 of the Code. The respondent did not do so within the time prescribed for the reasons best known to him.37. In our considered opinion, this is not a case where the respondent could be held to be unaware of the eviction proceedings pending or/and decided against him nor it was a case holding that he was never afforded any opportunity to contest the eviction proceedings.38. On the other hand, we have no hesitation in forming an opinion that the respondent was contesting the eviction proceedings as a "professional litigant" and was successful to a large extent in keeping the proceedings pending for ten years which enabled him to enjoy possession of the suit shop to the detriment of appellants interest.39. In our considered opinion, no one prevented the respondent from appearing before the Trial Court after the remand and contest the proceedings on merits. Despite the knowledge of the proceedings and the date fixed by the appellate Court at his instance, if the respondent did not appear in the Trial Court and failed to contest the eviction proceedings, he has to blame himself and none. If for one or other reason, he could not appear on 28.02.2014, no one prevented him to appear on subsequent dates of hearing and show good or sufficient cause for his absence on the previous date of hearing.40. Apart from what is held above and disagreeing with the view of the High Court which persuaded the High Court to again remand the case, we are of the considered opinion that the appellant had ensured compliance of the order of the earlier appellate Court by paying the cost of Rs. 4000/to the respondents counsel and Rs. 2000/to the legal services. Indeed, the very fact that the appellant had stated in his counter affidavit duly supported by an affidavit of his advocate (pagesof SLP counter affidavit Para 5), there was no reason for the High Court to have doubted the sworn testimony of the appellant and his advocate on this issue. It should have been accepted by the High Court for want of anything said by the respondent in rebuttal except denying.41. In the light of what we have held above, there was, in our view, neither any basis nor any justifiable reason for the High Court to have directed holding of any factual inquiry into the question of payment of cost. The directions to hold an inquiry on this issue is, therefore, wholly illegal and uncalled for.42. We are also of the considered opinion that the applications filed by the respondent for setting aside of the eviction orders dated 31.07.2014, 19.03.2015 and 26.03.2015 and application for condonation of delay in filing such applications and lastly, an application filed for giving redelivery of suit shop were in the nature of abusing the process of the Court and were liable to be dismissed which unfortunately the High Court failed to do so and went on to entertain such applications.43. We also find that while issuing impugned directions, the High Court again exceeded its supervisory jurisdiction under Article 227 when it went to the extent of issuing direction to the Trial Court to "allow" the applications IA Nos. 789 and 790 of 2015 filed by the respondent.44. In so doing, the High Court failed to see that the High Court curtailed the judicial powers of the Trial Court in passing appropriate order on such applications. The High Court had no jurisdiction to issue directions to the Trial Court to pass a particular order by either allowing the application or rejecting it. All that the High Court could do in such case was to remand the case and leave the Trial Court to pass appropriate orders on the application(s) in exercise of its judicial discretion.45. Be that as it may, once we hold that the impugned order is without jurisdiction, the same deserves to be settherefore, do not consider it necessary to deal with them in detail.47. Before parting, we consider it apposite to observe that the object of the Rent Laws all over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord seek eviction for his bona fide need.48. We sincerely feel that the eviction matters should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases.