Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lease Agreement |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Issue for Consideration In a petition u/Article 227 of the Constitution of India, Single Judge upheld the order passed by Appellate Rent Tribunal by which the decree passed in favour of the appellant-landlady by the Rent Tribunal was set aside and counter claim filed by the respondent Bank seeking refund of the security amount was allowed. Appellant filed intra court appeal which was dismissed by the Division Bench of the High Court as not maintainable.Headnotes Lease Agreement – Respondent-Bank terminated the lease agreement by issuing three months’ notice in terms of clause 6 thereof – However, did not hand over the vacant possession of the premises to the appellant-landlady and continued occupying it – As per the appellant, the respondent also did not pay the use and occupation charges in respect of the subject premises, after adjusting the security deposit towards the rent payable for three months – Application filed by appellant seeking eviction and recovery of arrears of rent was decreed by Rent Tribunal, counter claim filed by the respondent was rejected – Appeal filed by respondent, allowed by Appellate Rent Tribunal – Appellant filed petition u/Article 227 of the Constitution of India before the High Court, dismissed by Single Judge – Appellant filed intra court appeal, dismissed by Division Bench of the High Court as not maintainable:Held: Language of Clause 6 of the Agreement made it abundantly clear that the respondent-Bank was liable to refund of the deposit amount contemporaneous to removing itself from the leased premises and handing over vacant possession thereof to the appellant and giving charge thereof to her, which procedure was not followed – Impugned order passed by Single Judge not sustainable – However, order passed by the Division Bench of the High Court is maintained for the reason that no intra-court appeal could have been preferred by the appellant against an order passed by the Single Judge on a petition filed u/Article 227, Constitution of India – Judgment passed by Rent Tribunal restored and the decree passed in favour of the appellant upheld. [Paras 10, 11] Constitution of India – Article 227 – Order passed in proceedings u/Article 227, maintainability of intra-court appeal:Held: No intra-court appeal can be preferred against an order passed by Single Judge on a petition filed u/Article 227 of the Constitution of India. [Para 11] |
Judge | N/A |
Neutral Citation | 2024 INSC 432 |
Petitioner | Mahendra Kaur Arora |
Respondent | Hdfc Bank Ltd |
SCR | [2024] 6 S.C.R. 280 |
Judgement Date | 2024-05-08 |
Case Number | 6096-6097 |
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