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TMI Blog2001 (2) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... mso 10]> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;} <![endif]--> K.T. Thomas Doraiswamy Raju, JJ. JUDGMENT THOMAS, J. Leave granted. This case presents a sample scenario of the tormenting plight of an average litigant who approaches the court with all expectations of getting relief for his urgent need. But the snail paced litigation creeping through all the tiers of the judicial hierarchical forums would have frustrated all his expectations, though others could admire the tenacity with which he persisted with the cause. Twenty three years ago, the litigant in this case want ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plea to the High Court to grant him six months time more to vacate and that too was acceded to on a condition that appellant should give an undertaking before original authority that he would vacate the premises within six months. The appellant who lost at all levels and yet succeeded during all these years by keeping the order of eviction at bay, lately discovered that the landlords son, for whom the eviction was sought, joined the Provincial Medical Service after 12 years of the institution of the lis. On that premise appellant ventured to move the same High Court once again, and this time for a review of the order. However, the review petition was dismissed by the High Court as per its order which is also impugned now. In the appeal petition filed in this Court appellant stated that the son of the landlord who joined the Provincial Medical Service is posted at a place situated 200 kilometers from Agra, whereat the building is situate, and that he is now getting a pay of ₹ 15,000/- per month. The point sought to be urged is that, subsequent developments may also be taken into account in eviction proceedings, particularly when the eviction is sought by a landlord o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that is needed is to erase the patina and see the gloss. It is pernicious, and we may say, unjust to shut the door before an applicant just on the eve of his reaching the finale, after passing through all the previous levels of the litigation, merely on the ground that certain developments occurred pendente lite, because the opposite party succeeded in prolonging the matter for such unduly long period. We cannot forget that while considering the bona fides of the need of the landlord the crucial date is the date of petition. In Remesh Kumar vs. Kesho Ram [1992 Suppl. (2) SCC 623] a two-Judge Bench of this Court (M.N. Venkatachalia, J., as he then was, and N.M. Kasliwal, J.) pointed out that the normal rule is that rights and obligations of the parties are to be determined as they were when the lis commenced and the only exception is that the court is not precluded from moulding the reliefs appropriately in consideration of subsequent events provided such events had an impact on those rights and obligations. What the learned Chief Justice observed therein is this: The normal rule is that in any litigation the rights and obligations of the parties are adjudicated upon as they o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irness to both sides are scrupulously obeyed. The next three-Judge Bench of this Court, which approved and followed the above decision, in Hasmat Rai vs. Raghunath Prasad [1981 (3) SCC 103] has taken care to emphasise that the subsequent events should have wholly satisfied the requirement of the party who petitioned for eviction on the ground of personal requirement. The relevant passage is extracted below: Therefore, it is now incontrovertible that where possession is sought for personal requirement it would be correct to say that the requirement pleaded by the landlord must not only exist on the date of the action but must subsist till the final decree or an order for eviction is made. If in the meantime events have cropped up which would show that the landlords requirement is wholly satisfied then in that case his action must fail and in such a situation it is incorrect to say that as decree or order for eviction is passed against the tenant he cannot invite the court to take into consideration subsequent events. (Emphasis supplied) The judicial tardiness, for which unfortunately our system has acquired notoriety, causes the lis to creep through the line for long lon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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