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2015 (8) TMI 1590 - SC - Indian LawsDisposal of tenancy rights under the Special Courts Act - liabilities outstanding for the statutory period or not - HELD THAT - The main contention advanced on behalf of the appellant that there are no liabilities outstanding for the statutory period and therefore there is no requirement to dispose of its tenancy rights is ex-facie found to have no merits. As a result there are no illegality or infirmity in the impugned order and this appeal deserves to be dismissed.
Issues:
1. Disposal of tenancy rights under the Special Courts Act. 2. Validity of the impugned order regarding surrender of tenancy rights. 3. Deposit of balance amount by the landlord. 4. Modification of impugned order for deposit amount. 5. Dismissal of connected Civil Appeals. Analysis: The judgment pertains to the disposal of tenancy rights under the Special Courts Act. The appellant, a notified party under the Act, had its tenancy rights over a flat attached. The respondent filed a petition seeking to deal with the flat for the best price to satisfy the appellant's liabilities. The Special Court accepted the landlord's offer of Rs. 75 Lacs for surrendering the tenancy rights, with a deposit of Rs. 10 Lacs and a balance of Rs. 65 Lacs. The appellant contested, claiming no outstanding liabilities, but the court found no merit in the argument and upheld the impugned order for surrender of tenancy rights. Regarding the deposit of the balance amount, the landlord agreed to deposit Rs. 65 Lacs, an additional Rs. 10 Lacs, and rental amounts totaling Rs. 3,92,000. The court modified the impugned order, directing the landlord to deposit a total of Rs. 78,92,000 within eight weeks. Upon such deposit, the Custodian was to deliver possession of the flat to the landlord promptly. Furthermore, the judgment addressed connected Civil Appeals (Nos. 5788-5789 of 2005) related to the same subject matter, which were also dismissed. The court ruled that there would be no order as to costs in this case. The judgment ensures compliance with the Special Courts Act and upholds the decisions made regarding the disposal and surrender of the appellant's tenancy rights.
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