OM PRAKASH GUPTA Vs. RANBIR B GOYAL
LAWS(SC)-2002-1-61
SUPREME COURT OF INDIA (FROM: CHHATTISGARH)
Decided on January 18,2002

OM PRAKASH GUPTA Appellant
VERSUS
RANBIR B.GOYAL Respondents


Referred Judgements :-

SRI MAHANT GOVIND RAO V. SITA RAM KESHO [REFERRED]
CHHOTE KHAN V. MOHD. OBEDULLA KHAN [REFERRED]
TROJAN AND COMPANY VS. RM N N NAGAPPA CHETTIAR [REFERRED]
PASUPULETI VENKATESWARLU VS. MOTOR AND GENERAL TRADERS [REFERRED]
VASHU DEO VS. BALKISHAN [REFERRED]



Cited Judgements :-

SENGOTTUVEL VS. PONNUVEL [LAWS(MAD)-2006-9-61] [REFERRED TO]
DHARANIDHAR JENA VS. UNION OF INDIA (UOI) REPRESENTED THROUGH SECRETARY TO GOVT. OF INDIA, MINISTRY OF COMMUNICATION, CENTRAL SECRETARIAT [LAWS(ORI)-2009-3-72] [REFERRED TO]
SADANAND KRISHNAJI KIRLOSKAR (SINCE DECEASED THROUGH HIS LEGAL REPRESENTATIVES) NIRMALA SADANAND KIRLOSKAR & ORS VS. TALAKCHAND GANGARAM DOSHI (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES AMRUTLAL TALAKCHAND DOSHI [LAWS(BOM)-2017-9-284] [REFERRED TO]
ATLANTA LIMITED VS. EXECUTIVE ENGINEER, ROAD DEVELOPMENT DIVISION NO I [LAWS(BOM)-2018-5-82] [REFERRED TO]
HARJIBHAI JASMATBHAI GOTI VS. GUNVANTBHAI DAYABHAI MALI [LAWS(GJH)-2013-10-380] [REFERRED TO]
SALEHAR BIBI VS. BHABANI PRASAD [LAWS(CAL)-2011-11-14] [REFERRED TO]
PANDURONGA TIMBLO INDUSTRIES VS. COSME MATIAS MENEZES LTD [LAWS(BOM)-2010-2-7] [REFERRED TO]
MADIGELA RUKMINIAMMA ALIAS RUKNAMMA VS. MIR KARRAR ALI [LAWS(APH)-2002-6-52] [REFERRED TO]
ANIL NANDA AND ANR. VS. ESCORTS LTD. AND ORS. [LAWS(DLH)-2009-9-359] [REFERRED TO]
TULSI RAM VS. RAM KISHAN DASS [LAWS(DLH)-2007-8-52] [REFERRED TO]
PRAKASH CHAND VS. SHANKER SINGH [LAWS(ALL)-2019-12-142] [REFERRED TO]
RAM HARAKH VS. NARAIN ALIAS BODI [LAWS(ALL)-2012-5-163] [REFERRED TO]
SHRIRANG DHARAMRAJ KALE VS. NAJMUNISSA A RAHIMBEE SHAIKH [LAWS(BOM)-2002-9-113] [REFERRED TO]
KRISHNAJI SHANKAR MOGHE VS. SITARAM GANGADHAR SHENDE [LAWS(BOM)-2002-6-60] [REFERRED TO]
IMTIAZ AHMAD VS. ADDL DIST JUDGE [LAWS(ALL)-2005-10-179] [REFERRED TO]
U P STATE ROAD TRANSPORT CORPORATION VS. SHIV KUMAR GUPTA [LAWS(ALL)-2008-5-9] [REFERRED TO]
AGRASAIN SEVA SAMITY VS. BASUDEO TIKMANY [LAWS(CAL)-2019-7-176] [REFERRED TO]
DILIP KUMAR BARMAN VS. BHASKAR ROY [LAWS(CAL)-2012-12-51] [REFERRED TO]
ANJANA TAGGARSE MOTUPALLI VS. SREENIVAS MOTUPALLI [LAWS(APH)-2018-3-51] [REFERRED TO]
KONDA MURALIDHAR RAO VS. A. CHAKRAPANI [LAWS(APH)-2013-1-8] [REFERRED TO]
KASARAPU SUJATHA AND ORS. VS. VEERAVELLI VEERA SOMAIAH [LAWS(APH)-2015-8-71] [REFERRED TO]
MOIRANGTHEM RISHIKANTA MEITEI VS. STATE OF MANIPUR [LAWS(MANIP)-2022-2-6] [REFERRED TO]
GAMA VS. SHAUKAT ALI KHAN [LAWS(P&H)-2015-1-72] [REFERRED TO]
PUNJAB & SIND BANK VS. M/S. DEWA PROPERTIES LIMITED [LAWS(MAD)-2018-10-627] [REFERRED TO]
N. SWAMINATHAN VS. D. SOMASEKAR REDDY [LAWS(MAD)-2021-3-435] [REFERRED TO]
P.R.Narang (Dead) Through LRs. VS. IIIrd Addl.District Judge, Dehradun and others [LAWS(UTN)-2011-1-23] [REFERRED TO]
ABDUSALIM VS. BUSHRA [LAWS(KER)-2021-9-204] [REFERRED TO]
KHASJAMDA MINING COMPANY VS. SINGHBHUM MINERAL COMPANY [LAWS(JHAR)-2010-9-42] [REFERRED TO]
A K JAIN VS. PREM KAPOOR [LAWS(SC)-2008-7-116] [REFERRED TO]
MANGI LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-3-5] [REFERRED TO]
K T ASYAUMMA VS. K T FOUSIYA [LAWS(KER)-2017-6-224] [REFERRED TO]
KARAMBIR SINGH VS. STATE OF HARYANA & OTHERS [LAWS(P&H)-2017-3-228] [REFERRED TO]
KAILASH CHAND JAIN VS. STATE OF ORISSA AND 4 ORS. [LAWS(ORI)-2008-9-86] [REFERRED TO]
PARSHOTAM LAL VS. KRISHAN GOPAL [LAWS(P&H)-2019-11-158] [REFERRED TO]
LENA SOLO W/O SRI MIZU ISAC SOLO VS. THE STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2019-6-2] [REFERRED TO]
BAL KRISHEN VS. J&K SPECIAL TRIBUNAL JAMMU [LAWS(J&K)-2023-4-53] [REFERRED TO]
SARA RAUF VS. DURGASHANKAR GANESHLAL SHROFF [LAWS(BOM)-2007-3-20] [REFERRED TO]
PARASHRAM TULJARAM BELHEKAR VS. TEJMAL ALIAS KANKAMAL MULCHAND JAIN [LAWS(BOM)-2006-12-85] [REFERRED TO]
SURESH BHAVANISHANKAR PEJAWAR VS. HITEX EMBROIDERY PVT LTD [LAWS(BOM)-2005-8-183] [REFERRED TO]
TEHMTAN ARDESHIR BOMANJI IRANI VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [LAWS(BOM)-2005-9-172] [REFERRED TO]
PONALI SURENDRAN VS. P M MAMMOOTTY [LAWS(KER)-2009-2-8] [REFERRED TO]
GOBIND RAM VS. KRISHAN LAL [LAWS(P&H)-2012-10-132] [REFERRED TO]
N.SHANMUGANATHAN VS. BHEEMAN [LAWS(MAD)-2019-6-298] [REFERRED TO]
NATHO VS. KANWAL SINGH [LAWS(P&H)-2003-3-51] [REFERRED TO]
ARUN KUMAR JAIN VS. GEETA [LAWS(MAD)-2014-6-220] [REFERRED TO]
PERUMAL @ PERIYA GOUNDER VS. P K PALANIAPPAN [LAWS(MAD)-2018-3-1337] [REFERRED TO]
GANGA PRASAD RAI VS. KEDAR NATH RAI [LAWS(ALL)-2019-9-380] [REFERRED TO]
P R NARANG DEAD THROUGH LRS VS. IIIRD ADDL DISTRICT JUDGE DEHRADUN [LAWS(ALL)-2011-1-216] [REFERRED TO]
JATINDER KHANDUJA VS. JAGDISH KHANDUJA [LAWS(DLH)-2018-3-63] [REFERRED TO]
RANOTOSH SAHA VS. SECRETARY GOVERNMENT OF WEST BENGAL [LAWS(CAL)-2007-5-37] [REFERRED TO]
SAMIR NARAIN BHOJWANI VS. AURORA PROPERTIES & INVESTMENTS [LAWS(BOM)-2018-7-60] [REFERRED TO]
DEVENDRA MOHAN VS. STATE OF U P [LAWS(ALL)-2004-1-37] [REFERRED TO]
BHOLA NATH VERMA D VS. VTH ADDITIONAL DISTRICT JUDGE KANPUR NAGAR [LAWS(ALL)-2002-5-118] [REFERRED TO]
BHARAT LAL LATE BAHRAICH EXECUTIVE ENGINEER CONSTRUCTION DIVISION VS. STATE OF U P [LAWS(ALL)-2005-3-75] [REFERRED TO]
ABDUL MATEEM VS. MEHANDI HASAN [LAWS(ALL)-2006-5-244] [REFERRED TO]
SESHAMBAL VS. CHELUR CORPORATION CHELUR BUILDING [LAWS(SC)-2010-2-21] [REFERRED TO]
HUKUM CHANDRA (D) THR LRS VS. NEMI CHAND JAIN & ORS [LAWS(SC)-2018-12-65] [REFERRED TO]
SRINIWAS VS. ADDITIONAL DISTRICT [LAWS(RAJ)-2012-8-61] [REFERRED TO]
SRI RANA PRATAP SINGH VS. KANAKLATA [LAWS(UTN)-2004-9-33] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD. VS. LAXMI SAHU @ DISOI AND ORS. [LAWS(ORI)-2008-11-53] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD. VS. LAXMI SAHU @ DISOI AND ORS. [LAWS(ORI)-2008-9-100] [REFERRED TO]
ST. MARYS ORTHODOX CHURCH VS. THANKAMANI RAJAN [LAWS(KER)-2015-10-235] [REFERRED TO]
RAKESH BHARGAV VS. AKHIL BHARTIYA BHARGAV SABHA REGISTERED NEW DELHI [LAWS(P&H)-2005-10-1] [REFERRED TO]
ASHWANI CHATLAY VS. BRIG. H.S. DHILLON [LAWS(P&H)-2003-3-71] [REFERRED TO]
VIPIN KUMAR SAXENA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-5-47] [REFERRED TO]
Vijaya Bank VS. Dynasty Holdings (Private) Limited [LAWS(KAR)-2008-11-83] [REFERRED TO]
B BASKAR HEGDE VS. KALLAPPA LINGAPPA SHIGGAON [LAWS(KAR)-2005-5-30] [REFERRED TO]
MUNNI BAI VS. SAHULAL [LAWS(CHH)-2019-12-157] [REFERRED TO]
JITENDRA MOHAN MATHUR VS. SARLA DEVI [LAWS(ALL)-2013-2-128] [REFERRED TO]
AMOD PRAKASH GUPTA VS. SENIOR DIVISIONAL MANAGER L I C OF INDIA [LAWS(ALL)-2005-3-174] [REFERRED TO]
ARUNAMAYEE BISHAYA AND ORS VS. RABINDRA KUMAR BORA AND ORS [LAWS(GAU)-2007-9-66] [REFERRED]
E MALLAIAH VS. M SURANA [LAWS(APH)-2003-7-141] [REFERRED TO]
MOHD QUTUBUDDIN VS. AZIZ KHAN [LAWS(APH)-2002-3-130] [REFERRED TO]
YOGESH DATTARAM PATHAK VS. SHRIKRISHNA SHRIRAM JOSHI [LAWS(BOM)-2002-7-17] [REFERRED TO]
GURMIT SINGH BINDRA VS. DWARKA TOURIST HOTEL PRIVATE LIMITED [LAWS(BOM)-2003-2-57] [REFERRED TO]
ABDUL RAZAK LATIF SAHEB MOMIN VS. MURLIDHAR SURATMAL KUKADEJA KOLHAPUR [LAWS(BOM)-2003-8-160] [REFERRED TO]
NATHMAL SHALIGRAM MALANI VS. RANA PRATAP SRIRAM MALVIYA [LAWS(BOM)-2006-7-153] [REFERRED TO]
SOLAPUR TALUKA KHADI GRAMODYOG VS. DATTATRAYA SHANKARRAO KONDEWAR [LAWS(BOM)-2004-7-92] [REFERRED TO]
SOLAPUR TALUKA KHADI GRAMODYOG VS. DATTATRAYA SHANKARRAO KONDEWAR [LAWS(BOM)-2004-7-277] [REFERRED]
GOVIND VISHWANATH VARNE VS. PRABHAKAR VASUDEO REGE [LAWS(BOM)-2004-9-121] [REFERRED TO]
SANWARMAL KEJRIWAL VS. HARI KUMAR SHARMA alias H K Sharma RAS [LAWS(BOM)-2005-10-125] [REFERRED TO]
NATHURAM AND OTHERS VS. RAGHUVEERDAS [LAWS(MPH)-2006-2-135] [REFERRED TO]
INDORE MUNICIPAL CORPORATION AND ANOTHER VS. HEMALATA W/O MANISH PATEL AND OTHERS [LAWS(MPH)-2004-11-87] [REFERRED TO]
VELSAMY VS. JOTHI VAYOLA RANI [LAWS(MAD)-2018-6-58] [REFERRED TO]
KAVITA GAMBHIR VS. HARI CHAND GAMBHIR [LAWS(DLH)-2009-9-231] [REFERRED TO]
SOBHA BISWAS VS. RANJIT LODH [LAWS(GAU)-2006-2-28] [REFERRED TO]
SHAHNAZ AYURVEDICS VS. COMMISSIONER OF CENTRAL EXCISE [LAWS(ALL)-2004-1-28] [REFERRED TO]
MOHINDER SINGH ARORA VS. THE COMMISSIONER OF INCOME TAX [LAWS(CAL)-2016-8-77] [REFERRED TO]
RAM KUMAR BARNWAL VS. RAM LAKHAN [LAWS(SC)-2007-5-59] [RELIED ON]
MAHENDRA GOYAL AND ANR VS. SITA DEVI (SINCE DECEASED) LRS [LAWS(RAJ)-2014-4-261] [REFERRED]
NAND KISHORE AND OTHERS VS. JANKI DEVI W/O DHANNA LAL (SINCE DECEASED) [LAWS(RAJ)-2018-8-196] [REFERRED TO]
THE STATE OF BIHAR VS. M/S. SINGH CONSTRUCTION REPRESENTED BY ASHOK KUMAR SINGH SON OF SHRI BHUBNESHWAR PRASAD SINGH, RESIDENT OF MOHALLA [LAWS(PAT)-2013-11-92] [REFERRED TO]
MEENA CHAUDHARY SHARMA VS. VED PRAKASH ARORA [LAWS(UTN)-2007-9-21] [REFERRED TO]
DAHUNSHISHA RYNJAH VS. MEGHALAYA PUBLIC SERVICE COMMISSION [LAWS(MEGH)-2021-1-1] [REFERRED TO]
S MOHINDER SINGH VS. SH. CHANDER SHEKHAR [LAWS(J&K)-2008-4-19] [REFERRED TO]
BABU LAL VS. SHRIPAT LAL [LAWS(RAJ)-2003-8-12] [REFERRED TO]
SWAROOP DEVI VS. MURTI BHAGWAN SATYA NARAINJI [LAWS(RAJ)-2007-10-5] [REFERRED TO]
AMIR CHAND PRASAD SON OF LATE SHEO GOVIND PRASAD VS. SAKET BIHARI AGRAWAL SON OF LATE BABAN PRASAD [LAWS(PAT)-2010-1-144] [REFERRED TO]
KARTIK CHANDRA BARIK AND ANOTHER VS. PRINCIPAL SECRETARY, REVENUE AND DISASTER MANAGEME [LAWS(ORI)-2018-5-29] [REFERRED TO]
R K Nair VS. Saramma George [LAWS(MAD)-2006-1-97] [REFERRED TO]
JAGDAMBA POLYMERS PVT. LTD. VS. STATE OF ORISSA REPRESENTED THROUGH THE SECRETARY FINANCE DEPARTMENT AND ORS. [LAWS(ORI)-2008-9-89] [REFERRED TO]
BABA SARABOJOT SINGH BEDI VS. SADA RAM [LAWS(HPH)-2023-8-55] [REFERRED TO]
P. RUKMANDHA REDDY VS. THE DEPUTY INSPECTOR GENERAL [LAWS(KAR)-2014-12-88] [REFERRED TO]
YASHODABAI VS. GODAVARIBAI BALKRISHNA @ CHATUSHETH SINNARKAR [LAWS(BOM)-2019-2-255] [REFERRED TO]
NITIN MEHRA VS. SHASHI SETH AND OTHERS [LAWS(P&H)-2012-1-217] [REFERRED TO]
JOHLI VS. TULLU [LAWS(HPH)-2016-7-240] [REFERRED TO]
BELTAS MERCHANTS PRIVATE LIMITED VS. INDIAN FIBRES LIMITED AND ORS [LAWS(CAL)-2019-1-29] [REFERRED TO]
RATHI SUPER STEEL LIMITED VS. COMMISSIONER OF TRADE TAX [LAWS(ALL)-2003-5-123] [REFERRED TO]
ISHWARDAS S O DAMODHARDAS SINDHI VS. SHANTABAI [LAWS(BOM)-2005-3-68] [REFERRED TO]
SHUMITA DIDI SANDHU VS. SANJAY SINGH SANDHU [LAWS(DLH)-2010-10-44] [REFERRED TO]
BOYA PIKKILI PEDDA VENKATASWAMY VS. BOYA RAMAKRISHNUDU [LAWS(APH)-2012-11-81] [REFERRED TO]
PREETI VS. SANDEEP ASTHANA [LAWS(ALL)-2017-9-11] [REFERRED TO]
V R PALANISAMY VS. DIRECTOR OF COLLEGIATE EDUCATION [LAWS(MAD)-2008-11-365] [REFERRED TO]
KEDAR NATH AGRAWAL DEAD VS. DHANRAJI DEVI DEAD [LAWS(SC)-2004-10-55] [REFERRED TO]
SHESHAMBAL VS. CHELUR CORPORATION CHELUR BUILDING [LAWS(SC)-2010-2-75] [REFERRED TO]
RATAN SINGH VS. RAM PRASAD [LAWS(RAJ)-2002-3-47] [REFERRED TO]
PEGADAN ABDUSALIM VS. KANNANTHODI BUSHRA [LAWS(KER)-2021-9-285] [REFERRED TO]
SANJAYA DAS VS. STATE OF ODISHA [LAWS(ORI)-2014-2-12] [REFERRED TO]
BHOODEV SINGH VS. CHAIRMAN UTTAR PRADESH STATE ELECTRICITY BOARD [LAWS(ALL)-2006-1-171] [REFERRED TO]
NAR SINGH DAS AGARWAL (DEAD) AND OTHERS VS. DISTRICT JUDGE, BALLIA AND OTHERS [LAWS(ALL)-2003-9-327] [REFERRED TO]
SURESH KUMAR GUPTA AND ANR. VS. XIIITH ADDL. DISTRICT JUDGE AND ANR. [LAWS(ALL)-2006-9-346] [REFERRED TO]
PUR POLYURETHANE PRODUCTS P LTD VS. GEETA BHARGAVA [LAWS(DLH)-2008-12-38] [REFERRED TO]
SANWARMAL KEJRIWAL VS. HARI KUMAR SHARMA ALIAS H K SHARMA [LAWS(BOM)-2005-10-74] [REFERRED TO]
PREMIER ROLLER FLOUR MILLS AND ORS VS. ICICI BANK LTD AND ORS [LAWS(GAU)-2018-7-79] [REFERRED TO]
JAGDAMBA TRADING COMPANY VS. ROOP CHAND BAID [LAWS(GAU)-2018-5-107] [REFERRED TO]
DEWARIN BAI AND ORS. VS. DUKHU RAM AND ORS. [LAWS(CHH)-2019-12-162] [REFERRED TO]
NATHU SWEETS VS. SARVESH CHAND GUPTA [LAWS(DLH)-2012-12-203] [REFERRED TO]
R. S. MADIREDDY VS. UNION OF INDIA [LAWS(BOM)-2022-9-176] [REFERRED TO]
WAQF KHUDA WAND TALA MASUMA WAQF AL AULAD HAJI MUSTAQ AHMAD VS. ARUN KUMAR [LAWS(ALL)-2005-11-217] [REFERRED TO]
MOHD ISHAQ VS. VIIITH ADDITIONAL DISTRICT JUDGE KANPUR NAGAR [LAWS(ALL)-2007-7-187] [REFERRED TO]
SHIV PRASAD DEAD BY L R SMT MALTI DEVI VS. AZHAR HUSAIN [LAWS(ALL)-2007-3-278] [REFERRED TO]
SUMAN BAI NIRMALA VS. 1ST ADDITIONAL DISTRICT JUDGE VARANASI [LAWS(ALL)-2014-1-182] [REFERRED TO]
KUNJI BAI VS. FASHIONS [LAWS(APH)-2011-12-118] [REFERRED TO]
ANTONY VS. PADMAVATHY AMMA [LAWS(KER)-2010-2-18] [REFERRED TO]
SATHEESAN VS. ABDUL RAHIMAN [LAWS(KER)-2003-8-60] [REFERRED TO]
SUKH DEV KUMAR AND ORS. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-7-51] [REFERRED TO]
MAHENDRABHAI CHANABHAI KANDOLIYA VS. VAKATAR BHAGVANJIBHAI DEVABHAI [LAWS(GJH)-2011-7-202] [REFERRED TO]
STATE OF GUJARAT VS. VAGHI ODHAVJI GARANA [LAWS(GJH)-2013-10-94] [REFERRED TO]
OMKAR SINGH AND ANOTHER VS. RAJINDER SINGH [LAWS(J&K)-2020-7-2] [REFERRED TO]
AWADHRAM BHOSLE VS. GODAVARI KAUSHAL [LAWS(CHH)-2023-5-3] [REFERRED TO]
NAND KISHORE AND ORS. VS. RENT TRIBUNAL, NAGAUR AND ORS. [LAWS(RAJ)-2014-4-208] [REFERRED TO]
G RAMASUBRAMANI VS. DISTRICT FOREST OFFICER [LAWS(MAD)-2009-9-407] [REFERRED TO]
ARUN KUMAR MISHRA VS. GTM BUILDERS & PROMOTERS PVT. LTD. [LAWS(NCD)-2022-9-65] [REFERRED TO]
JANAK PRASAD SINGH VS. BIHAR STATE ELETRICITY BOARD [LAWS(PAT)-2004-1-6] [REFERRED TO]
JOSEPH JOHN VS. P.A.JOHNY KUTTY [LAWS(KER)-2023-11-76] [REFERRED TO]
GEORGE VS. SAIDU MUHAMMED [LAWS(KER)-2013-4-93] [REFERRED TO]
SHAKUNTALA MISRA VS. PREMA SINGH [LAWS(JHAR)-2022-9-98] [REFERRED TO]
RAJ KUMAR PRASAD @ RAJ KUMAR GUPTA VS. KISHUN PRASAD @ KRISHNA PD. [LAWS(PAT)-2007-1-67] [REFERRED TO]
RAM NIBAS GAGAR VS. DEBOJYOTI DAS [LAWS(SC)-2002-12-23] [REFERRED TO]
NIDHI VS. RAM KRIPAL SHARMA (D) THROUGH LRS. [LAWS(SC)-2017-2-14] [REFERRED TO]
SHYAM SUNDAR SHARMA S/O SHRI LAXMAN PRASAD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-2-199] [REFERRED TO]
UNION OF INDIA VS. IBRAHIM UDDIN [LAWS(SC)-2012-7-38] [REFERRED TO]
SANTOSH KUMAR VS. ROHTASH MANGLA [LAWS(P&H)-2014-8-172] [REFERRED TO]
GAUTAM MAHANTY VS. JAYSHREE MAHANTY [LAWS(JHAR)-2021-2-35] [REFERRED TO]
RATNA MUKHERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-9-65] [REFERRED TO]
VCK SHARE AND STOCK BROKING SERVICES LTD VS. BANK OF RAJASTHAN LTD [LAWS(CAL)-2018-4-25] [REFERRED TO]
GANPAT LAL GUPTA VS. VTH ADDITIONAL DISTRICT JUDGE DEORIA [LAWS(ALL)-2003-3-112] [REFERRED TO]
AMAR NATH SINHA VS. LADLI TANDON [LAWS(ALL)-2012-9-101] [REFERRED TO]
SHANKER SINGH VS. RAM PRAKASH [LAWS(ALL)-2012-5-172] [REFERRED TO]
GUJARAT WATER SUPPLY AND SEWERAGE BOARD VS. RAMJI SAVA MAYATRA [LAWS(GJH)-2021-10-721] [REFERRED TO]
DEBABRATA GHOSH VS. UOI [LAWS(DLH)-2009-12-73] [REFERRED TO]
ANIL KUMAR AND ORS. VS. GOKAL CHAND [LAWS(HPH)-2015-11-9] [REFERRED TO]
INDIAN SCIENTIFIC GLASS INDUSTRIES VS. M K MAHIPALSINGH INDIAN INHABITANT HAVING HIS ADDRESS C/O CRICKET CLUB OF INDIA, CHURCHGATE [LAWS(BOM)-2018-1-233] [REFERRED TO]
CHANCHALBEN DHARSHI SHAH VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2002-6-39] [REFERRED TO]
JAHANGIR ABDUL SAHEB ZARI VS. BALWANT RAMCHANDRA BHOKARE [LAWS(BOM)-2002-7-26] [REFERRED TO]
VIJYA BANK VS. DYNASTY HOLDINGS PVT LTD [LAWS(KAR)-2008-11-73] [REFERRED TO]
KRISHNA KUMAR CHANDRAKAR. VS. BHIM PRASAD (DECEASED) [LAWS(CHH)-2020-9-76] [REFERRED TO]
KALIMUDDIN VANAK VS. JASPAL SINGH CHABRA [LAWS(CHH)-2021-2-119] [REFERRED TO]
RAM NARAIN VS. RAM LAL [LAWS(P&H)-2003-9-107] [REFERRED TO]
LOW HEAT DRIERS P LTD VS. BIJU GEORGE [LAWS(KER)-2010-5-29] [REFERRED TO]


JUDGEMENT

R. C. Lahoti, J. - (1.)The suit premises are described as booth No. 13, Sector 8, Panchkula. These premises were let out by the plaintiff-respondent to the defendant-appellant sometime in August, 1989 on a monthly rent of Rs. 2650/-, excluding electricity charges. Since then the defendant-appellant has been running therein a shop of provision goods and general stores. He fell into arrears of rent and electricity charges with effect from 1st April, 1990. The plaintiff-respondent served on him a notice demanding payment of arrears and terminating his tenancy. On failure to comply with the notice a suit for eviction was filed in the Court of Civil Judge on 12-9-1990. The defendant-appellant contested the suit mainly on the ground of notice of ejectment being defective. The trial Court, by its judgment dated 11th June, 1998, answered all the issues in favour of the plaintiff-respondent and directed the suit for eviction and recovery of arrears to be decreed. First and second appeals preferred by the defendant-appellant have been dismissed. This is an appeal filed by special leave.
(2.)It has been common case at the Bar that the suit premises are situated in the State of Haryana where the provisions of the Transfer of Property Act are not applicable and the rights and obligations of the parties are to be worked out and governed under common law of the land. At the time of hearing it was conceded by the learned Counsel for the appellant that no fault can be found with the decree of the trial Court as confirmed by the First Appellate Court and the High Court. However, the learned Counsel for the appellant submitted that there has been a subsequent event having a material bearing on the judgment under appeal and the right of the respondent to decree. Such subsequent event is now the core of controversy, the relevant facts relating to which, are stated in the succeeding paragraphs.
(3.)It appears that the suit premises have been constructed by Haryana Urban Development Authority (HUDA, for short), governed by the provisions of The Haryana Urban Development Authority Act, 1977 (the Act, for short). The premises have been allotted by HUDA to the plaintiff-respondent and the latter is required to pay certain instalments to HUDA and a failure in payment of instalments renders the allotment liable to cancellation with recovery of arrears, imposition of penalty and resumption of possession under Section 17 of the Act. The High Court rendered its judgment in Second Appeal on 15-12-1998. The only contention dealt with by the High Court, in view of the singular submission made before it, was to allow the appellant three months' time for vacating the premises subject to an undertaking for vacating the premises on expiry of three months. SLP was filed on 8-3-1999. On 30-3-1999 this Court directed a notice on SLP to be issued to the respondent and at the same time passed an interim order staying the operation of the decree appealed against. On 15-3-1999, the date on which the time appointed by the High Court for vacating the premises was coming to an end, the tenant-appellant moved an application before the High Court seeking one month's extension of time for compliance with the direction of the High Court on two grounds; firstly, that though the SLP was filed in this Court it was yet to be taken up for hearing; and secondly, HUDA had initiated proceedings for resumption of the suit premises against the plaintiff-respondent. It appears that the High Court extended the time for vacating the premises till 20-4-1999. In the meantime, as already stated, this Court granted interim relief to the appellant although the factum of extension of time granted by the High Court and the grounds therefor were not brought to the notice of this Court. All these facts were brought to the notice of this Court through an affidavit filed (by way of counter-affidavit to the special leave petition) on 11th May, 1999 by the plaintiff-respondent submitting that the conduct of the defendant-appellant did not entitle him to any relief in the discretionary jurisdiction of this Court under Article 136 of the Constitution.


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