2009 (5) TMI 859 - SC - Indian Laws

Whether the respondent is an NRI? Held that - Dismiss these appeals and sustain the impugned order passed by the High Court. However we direct the Rent Controller to independently examine the applications filed by the appellants under Section 18-A of the Act in accordance with law and also if there are any triable issues between the parties decide the same in accordance with law as expeditiously as possible at any rate within an outer limit of nine months from the date of receipt of this Court s order and while doing so the Rent Controller need not be influenced by any of the observations made by the High Court while disposing of Civil Revision Petitions

Summary

Issues:
1) Special leave to appeal under Article 136 of the Constitution from the judgment and order of the High Court.
2) Remand of all three Revision Petitions to the Rent Controller to reconsider issues raised under Section 18-A of the Act.
3) Dispute over landlord-tenant relationship and NRI status of the landlady.
4) Contradictory orders by the Rent Controller regarding the NRI status of the landlady.
5) High Court's observation on allowing tenants to defend based on triable issues.
6) Interpretation of procedural laws and principles of natural justice.
7) Burden of proof on the landlord in cases where the landlord-tenant relationship is challenged.

Analysis:
1) The Supreme Court granted special leave to appeal under Article 136 of the Constitution from the High Court's judgment remanding all three Revision Petitions to the Rent Controller for reconsideration under Section 18-A of the Act.

2) The case involved a dispute over the landlord-tenant relationship and the NRI status of the landlady, who sought eviction of tenants to settle in India. The tenants contested the relationship and claimed rents were paid to a different individual.

3) The Rent Controller's orders showed inconsistency in determining the landlady's NRI status, leading to contradictory decisions. The High Court observed that tenants could defend based on triable issues, setting aside previous orders and remanding the case for reconsideration.

4) The Court emphasized the importance of procedural laws and natural justice principles, ensuring parties have a fair opportunity to present their case and challenge assertions. The burden of proof lies on the landlord, especially when the landlord-tenant relationship is disputed.

5) Ultimately, the Supreme Court dismissed the appeals, upholding the High Court's decision but directing the Rent Controller to independently examine the applications under Section 18-A, decide any triable issues promptly, and not be influenced by previous observations. Each party was directed to bear their own costs.