Eviction Suit and Restoration of Possession: Supreme Court’s Decision Explained

The case of Rekha Gurunath Mhashelkar v. Yashwant Vichare involved a legal battle over an eviction suit that led to multiple appeals and legal proceedings. The matter reached the Supreme Court after an ex-parte eviction decree was set aside, leading to a fresh trial of the suit. The Supreme Court ultimately disposed of the appeal while affirming the possession rights of the appellant, subject to any final order by the High Court.

Background of the Case

The appellant, Rekha Gurunath Mhashelkar, filed a summary suit for eviction in 2006, being RAE & R Suit No. 277/459 of 2006, before the Small Causes Court, Mumbai. The suit was decreed ex-parte on 14.03.2007, meaning the court ruled in favor of the appellant without the respondent being present. Following this, the eviction decree was executed, and the appellant took possession of the premises.

Respondent’s Challenge to the Ex-Parte Decree

The respondent, Yashwant Vichare, later filed an application under Order IX Rule 13 of the Code of Civil Procedure (CPC) to set aside the ex-parte decree. This provision allows a party to seek relief if they were not given a fair chance to present their case in court.

• The Small Causes Court granted the respondent’s application on 06.05.2009, thereby setting aside the ex-parte decree.
• The appellate bench of the Small Causes Court upheld this decision on 09.12.2012.
• The appellant’s challenge before the High Court also failed.

Key Legal Issues

• Was the setting aside of the ex-parte eviction decree justified?
• What would be the impact of the fresh trial on the possession of the appellant?
• Would the appellate court’s affirmations affect the respondent’s right to challenge the decree further?

Supreme Court’s Observations

While the appeals were pending before the Supreme Court, a fresh trial of the eviction suit was conducted by the Small Causes Court, which again ruled in favor of the appellant. The appellate bench of the Small Causes Court affirmed this decree.

The Supreme Court noted the developments and made key clarifications in its judgment:

“In view of the above facts and circumstances of the case, we make it clear that none of the observations and findings made in the impugned orders shall stand in the way of the respondent pursuing his remedy before the High Court in accordance with law.”

Final Judgment and Its Implications

The Supreme Court disposed of the appeals while making the following determinations:

• The respondent was allowed to challenge the fresh decree before the High Court without being prejudiced by past rulings.
• The possession already restored to the appellant shall continue unless the High Court rules otherwise.

The judgment concluded with the following order:

“We make it further clear that the possession, which has already been restored to the appellant, shall continue with her, of course, subject to any final orders that may be passed by the High Court in the challenge proposed to be made by the respondent.”

Conclusion

The Supreme Court’s ruling ensures that the respondent has the right to appeal against the eviction decree while maintaining the appellant’s current possession. The case highlights the importance of due process in eviction proceedings and the legal remedies available to parties affected by ex-parte decisions.

Petitioner Name: Rekha Gurunath Mhashelkar.
Respondent Name: Yashwant Vichare.
Judgment By: Justice Kurian Joseph, Justice Sanjay Kishan Kaul.
Place Of Incident: Mumbai, Maharashtra.
Judgment Date: 19-09-2018.

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