SHAAN....... (Freelancer) 04 March 2010

The Supreme Court new Jugdement really Disapponiting

Today i was reading the newspaper in which i saw that Supreme Court has given a new judgement. It was case regarding the eviction of Tenant from the property if the owner of the property dies before the decree/decision of the court. This crucial decision was given by the Honorable Justice Markandey Katju and T.S.Thakur in which they said that "The Right to relief should seen from the day on which the case has been proceeded. But during the period of case if any important incidence happened which effect the right of relief of the tenant then it can't be unseen. The courts should saw the effect of incidence the gave decision of relief according to situation..."

I felt this decision really disappointing because First of all in india the legal procedure is so, long or decisions took so long time that the persons died but decisions don't came and Secondly and most importantly the Property belongs to owner in case he doesn't lives then the property should belongs to his legal heirs or in case having no legal heir that property should belongs to goverment the tenant should not have any right in property whatsoever in any manner. This will encourage the people to take house on rent from the old age people who don't have any legal heir or child.

According to me the Honorable Supreme Court should take a strong decision in the favour of the owner by implementing some new law or amendment by which these case of tenant and owner should resolved quickly and innocent owner should not survive like this by waiting for the decisions for long time and there shouldn't be only way of evicting the property on the basis of necessity or other thing because the property belongs to the owner and he should have full rights to evict his property whether he needs it or not.

If my thoughts have hurt anyone's feeling then i felt sorry for that.

But the judiciary system should take such decisions so, that the long list of pending case regarding property should resolved.

Thanks & Regards

SHAAN

Reply Follow

4 Replies

K.C.Suresh (Advocate) 04 March 2010

It is not to which party the judgement effects is meterial. it is the principle that is taken by the court is unfair. May be apt to that case only. If its a principle that is unfair and shocking.

Kiran Kumar (Lawyer) 04 March 2010

i agree with you, there have been a few judgments where the Hon'ble SC and various HCs say that the subsequent events have to be considered in rent matters....and such subsequent events can happen at any stage of trial or appeal....

if it is noticed, most of the rent laws provide for Rent Controller and a Rent Controller is in fact a persona designata, therefore a rent controller can not even be termed as a judge. However most of the states have appointed Civil Judges as Rent Controllers. And due to burden of work and technical mind set of civil judges, we have been getting delayed and inconsistent judgments.

certainly with the change in socio-economic system a change is required in the rent laws, the govt. may control the rent but shall not let a Tenant to become a Parasite upon a landlord....let there be a simple procedure for eviction. In my opinion it shall be mandatory to serve one month notice upon the tenant and if fails to vacate the premises then there shall be criminal proceedings against the tenant and in the mean time all his social security reliefs be discontinued till the vacation of the property. The rent being received by a land lord shall be directly linked to a bank account and tax account, it will help in checking the amount of rent to be charged.

i dont know, whether my friends would agree with my opinion or not, but it is important that the rent disputes do lead to multiple litigation thus burdening the courts. So this issue needs to be discussed with an open mind.

1 Like