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Supreme Court of India 2018-09-28 allowed

P.S. Ayub vs Asif Jagirdar

Bench: 2 — Banumathi

In Brief

The appellant-tenant in this case failed to appear when sued for eviction on grounds of future non-payment of rent and was decreed ex-parte. His application to set aside the decree was dismissed for lack of sufficient cause. The High Court later directed deposit of arrears with a two-week deadline, but the tenant deposited with delay. When the High Court dismissed a condonation application, the Supreme Court intervened. The Court allowed the appeal, directing the tenant to deposit remaining arrears within eight weeks, after which the suit would be restored for trial. This balanced the tenant's right to defend against technical dismissals while securing the landlord's financial interests.

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Tenancy and Eviction Civil Procedure Ex-parte Decrees

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