SYED ASADULLAH KAZMI versus THE ADDL. DISTRICT JUDGE,I ALLAHABAD AND OTHERS

Citation: [1982] 1 S.C.R. 77 · Decided: 23-07-1981 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

SYED ASADULLAH KAZMI 
v. 
THE ADDL. DISTRICT JUDGE,1 ALLAHABAD 
AND OTHERS 
July 23, 1981 
[R.S. PATHAK AND A.D. KoSHAL, JJ.] 
77 
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Landlord and tenant -Prescribed authority allowing the landlord to recover his 
building tenanted, but the appellate authority nwdifying the order of part recovrry 
only and and the said order becomes final due to successive falures in appeal by the 
tenant including in the Supre1ne Court-Any application to re-open the issue due to 
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the subsequent event i.e. the death of the landlord is not maintainable. 
Jn February 1965, Bungalow No. 16-D, Beli Road (now 26 B.K. Banerjee 
Road), Allahabad was allotted to the appellant. On an application made in 
April 1975 the prescribed authority allowed, on 24th May, 1976, the application 
directing the release of the bungalow to the landlord. On appeal the appellate 
authority by its order dated 25th March, 1977 moditied the order by releasing 
only a portion of the building and by permitting the appellant to continue in the 
remaining portion with a direction to the prescribed authority to divide the 
bungalow accordingly. The said order dated 25th March, 1977 became final, since 
the writ petition challenging the said order was dismissed. On the death of the 
landlord the appellant filed a fresh application before the prescribed authority 
not to proceed with the partition scheme. Since the prescribed authority refused 
to take note of this subsequent event, the issue bas come up before this Court 
by way of special leave. 
Dismissin~ the appeal, the Court 
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HELD : I. The order dated 25th March, 1977 of the appellate authority 
releasing a portion of the premises in favour of the third respondent and leaving 
the remaining portion in the tenancy of the appellant acquired .finality when the 
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proceedings taken against it by the appellant failed. The prescribed .luthority 
was bound to give effect to that final order and was not acting outside its 
jurisdiction or contrary to law. [79 C~D] 
2. It is true that subsequent events must be taken into account by a 
statutory authority or court when considerings proceeding arising out of a 
landlord's petition for ejectment of a tenant on the ground of the landlord's 
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personal need. But in the present case the order for release of a portion of the 
accommodation acquired finality before the death of the landlord and the con-
troversy concluded by it could not b~ reopened now. (79 E·F] 
3. The present appeal being limited to the question which arose before the 
prescribed authority on the application of the appellant after the proceedings for 
release had acquired finality, it is not open even to the Supreme Court, to reopen 
the proceeding for release. [79 G-H] 
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78 
SUPREME COURT REPORTS 
(1982] I S.C.R. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1440 of 1979. 
Appeal by special leave from the judgment and order dated the 
15th November, 1978 cf the Allahabad High Court in Civil Misc. 
Writ No. 8736 of 1978. 
R.K. Garg, Manoj Swarup and Miss La/ita Kohli for the 
Appellant. 
Yogeshwar Prasad, and Mrs Rani Chhabra, for the Respondent. 
The Judgment of the Court was delivered by 
PATHAK, J. 
The appeal by special leave is directed against a 
judgment of the Allahabad High Court dismissing a tenant's writ 
petition arising out of proceedings consequential upon an order of 
ejectment. 
The bungalow, 16-D, Beli Road, Allahabad, was owned by 
Raj Kumar Sinha, fatlier of the third respondent, Kailash Shanker 
Sinha. 
In February 1965, the bungalow was allotted to the appel-
lant, Syed Asadullah Kazmi, and he was accordingly treated as the 
tenant of the premises. At the time, Raj Kumar Sinha, with his 
family, including the third respondent, occupied another house at 
14-D, Beli Road, Allahabad. In October 1973, the third respondent 
applied for the release of the bungalow 16-D, Beli Road, Allahabad, 
now described as 26, B.K. Banerjee Road, Allahabad. The attempt 
failed. A fresh application was made in April, 1975. It was allowed 
by the Prescribed Authority on 24th May, 1976 after overruling an 
objection filed by the appellant. The appellant appealed and the 
appellate authority by its order dated 25th March, 1977 modified the 
order of-the Prescribed Authority inasmuch as a portion only of the 
building was released in favour of the third respondent and the 
appellant was permitted to continue in the remaining portion, and 
the Precribed Authority was directed to

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