Abdul Majid Mir vs Kapil Dev Ghai & Ors on 3 January, 2011

                                 IN THE SUPREME COURT OF INDIA

                       CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.6 OF 2011
        (Arising out of Special Leave Petition (C)No.17395/2010)

ABDUL MAJID MIR                                       ... APPELLANT(S)

                VERSUS

KAPIL DEV GHAI & ORS.                                 ... RESPONDENT(S)

                                    O R D E R

Leave granted.

Heard learned counsel for the parties.

2. In this case, the possession of the premises has already

been handed over by the tenant to the landlord. The short question

which arises now is regarding the arrears of rent.

3. Mr.K.V.Viswanathan, learned senior counsel appearing for

the appellant has drawn our attention to the finding of the Trial

Court in which it is clearly mentioned that the entire amount of

rent has been paid to V.K.Ghai, co-owner of the property and brother

of the respondent no.1 herein. This fact is not controverted by the

counsel for the respondent.

4. In the Revision Petition filed by the respondent, the High

Court, without any discussion, set aside the order of the Trial

Court and the Revision Petition filed by the appellant was

dismissed. In our considered view, the impugned judgment cannot be

sustained. Consequently, the impugned judgment is set aside. The

appellant-tenant has already paid the entire outstanding amount,

therefore, the appellant cannot be compelled to pay the rent amount

twice over, so the appellant will have no liability to pay any rent.
: 2 :

5. Since the possession has already been delivered, no
further directions are necessary.

6. The Civil Appeal is, accordingly allowed and disposed of,

leaving the parties to bear their own costs.

……………….J.

(DALVEER BHANDARI)

……………….J.

(DEEPAK VERMA)

NEW DELHI;

3RD JANUARY, 2011