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Supreme Court of India
Ambika Murali vs Tmt. Valliammal And Anr. Etc. on 7 October, 2021Author: Ajay Rastogi

Bench: Ajay Rastogi, Abhay S. Oka

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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 9355-9356 OF 2010

MRS. AMBIKA MURALI APPELLANT(S)

VERSUS

TMT. VALLIAMMAL & ANR. & ETC. RESPONDENT(S)

O R D E R

The appellant-landlord is before us questioning

the common impugned order dated 18.09.2009 passed by

the High Court of Judicature at Madras, pursuant to

which the application filed by the respondent-tenants

seeking condonation of delay of 175 days in questioning

the ex-parte decree dated 27.02.2004 was allowed. In

consequence thereof, ex-parte decree was set aside.

The operative part of the order passed by the High

Court under the order impugned dated 18.09.2009 is

quoted herein below:
Signature Not Verified

Digitally signed by
NEETU KHAJURIA

“12. xxxxx
Date: 2021.10.08
17:54:42 IST
Reason:

In the result, the Revision Petitions are
allowed and the impugned orders passed by the
Courts below are hereby set aside. The second
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petitioner is directed to pay a cost of Rs.5000/-
to the respondent. The Rent Controller is directed
to take RCOP 2270 and 2271 of 1994 on its file and
dispose of the same on merits after giving
opportunity to both sides for adducing necessary
evidence. No costs.”

The brief facts manifest from the record are that

the appellant-landlord initiated the rent control

proceedings before the Rent Controller in RCOP Nos.

2270-2271/1994 impleading the present respondents as

tenants. The Eviction Petition was filed primarily on

three grounds; (i) willful default, (ii) unauthorized

subletting and (iii) creating additional accommodation.

Pending proceedings, applications were filed by the

appellant-landlord to direct the tenants to deposit the

arrears of rent. However, on 10.02.2004, the Rent

Controller passed an ex-parte order directing the

tenants to deposit the arrears of rent. Subsequently,

since the conditional order dated 10.02.2004 was not

complied with by the respondents-tenants as alleged,

the Rent Controller by an order dated 27.02.2004

allowed the Eviction Petition by passing an ex-parte

decree.

It has been alleged by the respondents in their

applications filed for setting aside ex-parte decree

that they came across about the ex-parte decree of

eviction dated 27.02.2004 at the stage when the Court
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Amin came to take possession of their shops. Affecting

the delivery of possession, immediately application was

filed by the respondents for setting aside ex-parte

decree of eviction dated 27.02.2004 with an application

seeking condonation of delay of 175 days.

The Rent Controller dismissed their application

seeking condonation of delay by an order dated

07.02.2005, which finally travelled to the High Court

and the High Court in its revisional jurisdiction after

taking into consideration the material on record,

arrived to the conclusion that the delay of 175 days

was bona fide and has been satisfactorily explained and

allowed the application seeking condonation of delay of

175 days. In sequel thereof, the ex-parte decree was

set aside and the matter was remitted back to the Rent

Controller to hear the parties on merits.

After we have heard learned Counsel for the

parties, we do not find any error being committed by

the High Court in passing of the impugned order which

may call for our interference.

Consequently, the Appeals fail and are dismissed.
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Pending application(s), if any, shall stand

disposed of.

……………………………………………J
(AJAY RASTOGI)

……………………….……………………J
(ABHAY S. OKA)
NEW DELHI;
OCTOBER 07, 2021.

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