Abdul Majid Mir Vs
Kapil Dev Ghai & Ors.
O R D E R
granted. Heard learned counsel for the parties.
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.
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.
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.
the possession has already been delivered, no further directions are necessary.
Civil Appeal is, accordingly allowed and disposed of, leaving the parties to
bear their own costs.