SC Recalls Part Of Its Order As The Litigant Claims His Lawyer Made Statement Before HC Without His Instructions [Read Order]

The Supreme Court recently recalled a part of its order it passed in a tenancy-related matter, after the landlord submitted that his lawyer had made statement before the high court without instructions.

In this case, the high court had set aside an order of eviction passed by the Rent Control Court by recording the statement of the counsel appearing for the landlords that they would have no objection if the tenant retains shop, provided the tenant should pay rent at the rate of Rs. 10,000 per month. The high court then allowed the tenant to retain the shop on condition that he would pay rent at the rate of Rs. 6,000 per month.

The landlord approached the apex court contending that the landlords had not made any concession before the high court. However, the bench headed by Justice R Banumathi was not convinced with this submission and observed: “This contention is not convincing for the reason that the High Court has clearly recorded the submission made by the learned counsel for the appellants-landlords stating that they have no objection for the tenant to retain the shop, provided the tenant pays the enhanced rent of Rs. 10,000.”

The court then refused to interfere with the order of the high court as the tenants paid arrears as directed by the high court.

The landlord again approached the bench, by filing an application seeking the recall of the order, this time contending that he has already filed a complaint against his counsel before the Bar Council of India, with regard to the statement before the high court made without his instructions.

The court, then, modified the matter by relegating the matter to the high court for de novo consideration of the case of the parties so far as the shophouse is concerned.