Recently, the Supreme Court urged the expeditious hearing of a long-pending eviction matter while disposing of a special leave petition. The Court observed that the interim stay granted by the High Court had caused significant delays in the proceedings. The Court emphasised the need for the timely resolution of landlord-tenant disputes and directed the Chief Justice of the Allahabad High Court to ensure that such cases are prioritised and heard without unnecessary delay.
Brief facts:
The petitioner had filed a special leave petition seeking an expeditious hearing, which had been delayed due to an interim stay granted by the High Court in the eviction proceedings. The stay resulted in the trial of the eviction case not progressing, which led to concerns from the petitioner about the prolonged delay in the matter. Despite several pending petitions, the petitioner sought a direction for the speedy hearing of the case.
Contentions of the Petitioner:
The petitioner’s counsel submitted that the delay in the trial was causing significant distress as the interim stay on the eviction proceedings prevented the petitioner from obtaining vacant possession of the tenanted premises. The petitioner further sought the striking down of the tenant's defence due to non-payment of admitted rent, a plea which had been accepted by the Trial Court but stayed by the High Court.
Observation of the Court:
The Court acknowledged the challenges posed by the pending caseloads in the High Court but stressed that cases involving landlord-tenant disputes, particularly those with a stay on the trial, should be given priority. Justice was emphasised in cases where the stay had delayed proceedings, which had a direct impact on the conclusion of the trial.
The Court noted, “Where the High Court has stayed the trial in such cases, those cases must be heard expeditiously, as the stay inevitably leads to delay in the entire proceedings.”
The Court also directed that the High Court take note of these observations and strive to dispose of such cases as quickly as possible, in accordance with the law.
The decision of the Court:
The Court ordered that the matter be brought to the attention of the Chief Justice of the Allahabad High Court to issue appropriate directions regarding expeditious hearings. The Miscellaneous Application was disposed of in terms of the directions given.
Case Title: Rajat Gaera vs. Tarun Rawat
Case No: Miscellaneous Application No. 36/2025
Coram: Justice B.V. Nagarathna, Justice K.V. Vishwanathan
Advocate for Petitioner: Adv. Atin Hinduja, Ashish Pandey (AOR), Prateek Rai, Ashutosh Bhardwaj, Shubham Saxena, Akshit Chauhan
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