1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal  No(s).  26/2016

KRISHNA DEVI MAHESHWARI                            Appellant(s)

                               VERSUS

SURENDRA SUREKHA                                   Respondent(s)

J U D G M E N T R. BANUMATHI, J.:

(1) We have heard Mr. V.C. Shukla, learned counsel appearing

for the appellant.

(2) The appellant-landlord filed the petition under Section

21(i)(a) of the U.P. Urban Building (Control of Letting of

Rent and Eviction) Act, 1972 for release of the premises let

out  to  the  respondent-tenant  for  personal  use  of  the

appellant’s son who is practicing as an advocate.

(3) On 05.09.2012 the Prescribed Authority passed an ex-parte

order  against  the  respondent-tenant.   There  were  number  of

proceedings/applications  pending  between  the  appellant-

landlord  and  the  respondent-tenant.   Grievance  of  the

appellant-landlord  is  that  the  respondent-tenant  kept  on

taking adjournments by filing one after another applications

and thereby the matter could not be proceeded.

(4) The respondent’s application for setting aside the ex-

parte order of eviction dated 05.09.2012 was allowed by the

Prescribed Authority/ACMM-IX, Kanpur Nagar, on 20.08.2015 on

2

payment of cost of Rs.2500/-.  Challenging the said order, the

appellant-landlord filed writ petition before the High Court

being C.M.W.P. No.48964 of 2015.  In the said writ petition,

the  appellant-landlord  filed  an  application  under  Order  VI

Rule 17 read with Section 151 of C.P.C. before the High Court

to  amend  the  prayer  and  to  challenge  the  subsequent  Order

dated 25.08.2015.  Vide impugned Order dated 15.09.2015, the

High Court disposed of C.M.W.P. No.48964 of 2015 by holding

that the rent court has set aside the ex-parte decree/order

and granted an opportunity to the respondent-land on payment

of cost of Rs.2500/-.  The said writ petition was disposed of

by the impugned order dated 15.09.2015 directing that none of

the  parties  to  take  unnecessary  adjournments,  which  is  the

subject matter of challenge in this appeal.

(5) In spite of notice, the respondent-tenant has not chosen

to appear and contest the appeal.

(6) Considering the facts and circumstances of the case and

having  regard  to  the  fact  that  an  opportunity  has  been

provided  to  the  respondent-tenant  to  file  the  written

statement, we are not inclined to interfere with the impugned

order. However, taking note of the conduct of the respondent-

tenant and the facts and circumstances of the case, we direct

the  Rent  Court-Prescribed  Authority/ACMM-IX,  Kanpur  Nagar,

U.P., to take up Rent Case NO.1 of 2012 at an early date and

dispose of the same within a period of two months from the

date of receipt of copy of this order.  The respondent-tenant

3

shall render all cooperation and in case the respondent-tenant

does not cooperate for an early disposal of Rent Case No.1 of

2012, as ordered by this Court, learned Rent Court/Prescribed

Authority shall proceed with the matter in accordance with the

law and dispose of the same within two months from the date of

receipt of cop of this Order, as indicated above.

(7) With the above direction, the civil appeal is accordingly

disposed of.  There shall be no orders as to costs.

..........................J.                 (R. BANUMATHI)

..........................J.         (A.S. BOPANNA)

..........................J.         (HRISHIKESH ROY)

NEW DELHI, OCTOBER 01, 2019.