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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.8084 OF 2015 (ARISING OUT OF SLP (CIVIL) NO.9796 OF 2012)

RAM KUMAR & ORS.                                                 …APPELLANTS VERSUS

ABHINANDAN KUMAR TADAIYA (D) TH. LRS. & ORS.  ...RESPONDENTS

O R D E R  

ADARSH KUMAR GOEL, J.

1. Leave  granted.   This  appeal  has  been  preferred  against

judgment and order dated 5th January,  2012 of  the High Court of

Judicature  at  Allahabad  passed  in  Civil  Revision  No.339  of  1992

arising out of eviction proceedings initiated against the appellants

(tenants) by the respondents (landlords) on the ground of arrears   

of rent from 14th February,  1984 to 14th June, 1990.  The courts   

below have upheld the claim for  eviction holding the appellants   

to be defaulters.

2. We have heard learned counsel for the parties.

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3. It  has  been  pointed  out  by  learned  counsel  for   

the  appellants  that  following  finding  has  been  recorded  by   

the  High  Court  while  dismissing  the  revision  petition  by  the

impugned order:-

“Admittedly, there is no material before this Court nor was  produced  before  the  trial  Court  with  regard  to those proceedings and therefore, no notice of the said plea can be taken.  Any other point was not pressed. There is no merit in the revision.”

4. It is pointed out that the above finding has been recorded

without considering the material which was available on record.

Attention of the Court has been drawn to Chart (Annexure P-6

(Colly.) at page 41 of the Paper Book, which purports to depict

details  of  the  rent  deposited  in  Court  showing  inter  alia  as

follows:-

Khafifa  ADJ. (Daketi) Case No.5/1990 Oct 1987-30 Sep 1990 6075 14/09/90

5. Since  there  is  nothing  in  the  impugned  order  showing

consideration of the aforesaid material,  we allow this appeal,

set aside the impugned order and remit the matter to the High

Court for a fresh decision.

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6. The parties are directed to appear before the High Court

for fresh proceedings on October 26, 2015.

7. The High Court may look into the material on record which

may  be  pointed  out  by  the  parties  and  take  a  decision  in

accordance with law expeditiously.

…………..……..…………………………….J.                        [ T. S. THAKUR ]

…………..….………………………………..J.               [ ADARSH KUMAR GOEL ]

NEW DELHI SEPTEMBER 30, 2015  

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