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T.S. Thakur#V. Gopala Gowda#R. Banumathi#377SC4550Judgment/OrderAD#AIC#AIR#ALD#AllMR#ALR#BLJ#CalLT#CCC#CDR#CHN#CLT#CurLR#GLH#INSC#JLJR#KHC#LW#MANU#MhLJ#MPLJ#PLJR#PLR#RCR (Civil)#RD#SCALE#SCC#SCJ#SCR#WBLR#WLNR. Banumathi,SUPREME COURT OF INDIA2015-8-1421612,287324,20527 -->
MANU/SC/0860/2015
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 6106-6108 of 2015 (Arising out of SLP (C) Nos. 4987-4989 of 2015)
Decided On: 12.08.2015
Appellants: S.M. Asif Vs. Respondent: Virender Kumar Bajaj
Hon'ble Judges/Coram:
T.S. Thakur, V. Gopala Gowda and R. Banumathi JUDGMENT
R. Banumathi, J.
1. Leave granted.
2. Challenge in these appeals is the correctness of the orders dated 16.10.2014 and 27.10.2014 passed by the High Court of Delhi in RFA No. 505/2014, whereby the High Court disposed of the appeal observing that the Appellant having not pressed the appeal and by changing their counsel cannot be allowed to plead for adjournment to argue the appeal. Review Petition No. 499/2014 also came to be dismissed by the High Court vide order dated 19.11.2014 which is also under challenge in these appeals.
3. Brief facts which led to filing of these appeals are as under: Respondent-landlord is the owner of the disputed premises which is a built up area of entire second floor with terrace/roof of the property bearing No. R-849 situated at New Rajinder Nagar, New Delhi admeasuring 200 sq. yards. The Appellant-tenant contended that the Respondent-landlord entered into a registered agreement for lease at a monthly rent of Rs. 37,500/- for a period of twenty two months i.e. from 15.03.2008 to 14.01.2010. After the expiry of first lease, another registered lease was entered into between the parties for two years i.e. from 15.01.2010 to 14.01.2012 on monthly rent which was fixed at Rs. 44,000/-. According to the Appellant, during the subsistence of the second lease, as the Respondent-landlord was in financial crisis, the Respondent-landlord and the Appellant-tenant entered into an agreement of sale in respect of the same tenancy premises for an amount of Rs. 1.56 crores. The Appellant-tenant is said to have advanced a sum of Rs. 82.50 lakhs vide six payments viz.:
Rs. 15,00,000/- on 16.01.2010;
Rs. 12,50,000/- on 24.04.2010;
Rs. 18,00,000/- on 15.09.2010;
Rs. 7,00,000/- on 01.11.2010;
Rs. 15,00,000/- on 12.02.2011 and
Rs. 15,00,000/- on 19.08.2011
For the above payments the Respondent-landlord is said to have issued six receipts acknowledging the receipts of money. Agreement of sale was executed between the parties on 19.08.2011.
4. The Respondent-landlord alleges that Under Section