AIROnline 2023 SC 525 ::AIR 2023 SC (Civ) 2095

Supreme Court Of India

Hon'ble Judge(s): Sanjay Kishan Kaul, Ahsanuddin Amanullah , JJ

Rajasthan Premises (Control of Rent and Eviction) Act (17 of 1950) , S.14(3)— Constitution of India , Art.142— Decree for eviction - Challenge against - The objective of S.14(3) was to safeguard the tenant for five years - Since the proceedings were pending for 38 years, the object was subserved - Further, the said Act itself was abrogated in 2001 and new Act came into force which did not create similar bar - Since question of law raised before High Court in second appeal regarding interpretation of S.14(3) was answered by Supreme Court , nothing remained to be decided by the High Court if the matter was to be remanded - It would be a mockery of justice to make the parties go through another round in the second appeal - The first appellate court had found in favour of the landlord on the question of bona fide requirement - Hence , decree for eviction passed by First appellate court, affirmed. AIR 2020 Raj 122-Reversed (Para 18 21 22) .....