Court emphasizes the distinction between protective jurisdiction and merits adjudication, directs expeditious disposal of condonation application.
In a significant judgment, the Allahabad High Court, presided by Dr. Yogendra Kumar Srivastava, J., has upheld the interim protection granted by the Appellate Court in a rent appeal filed by Purshottam Das Gupta against landlord Neelabh Gupta. The case revolves around the eviction of tenants and arrears of rent under the U.P. Regulation of Urban Premises Tenancy Act, 2021.
The petitioner, Neelabh Gupta, challenged the interim protection granted by the Additional District Judge, Court No. 9, Kanpur Nagar, arguing that such protection should not have been given since the appeal was accompanied by an application for condonation of delay, which had yet to be resolved.
The High Court clarified that the Appellate Court has the jurisdiction to grant interim protection to preserve the subject matter of the appeal, even if the delay in filing has not been condoned. It highlighted that such protection is provisional and does not equate to adjudicating the appeal on its merits or condoning the delay.
The Court distinguished between orders that preserve the efficacy of an appellate remedy and those that adjudicate the merits of the appeal. Interim protection is intended to prevent the appeal from becoming infructuous due to irreversible changes in the subject matter, without affecting the substantive rights of the appellant.
Additionally, the judgment addressed the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India, stating that interference with discretionary orders from lower courts is limited to instances of perverse, arbitrary, or jurisdictionally erroneous decisions. In this case, the High Court found no such infirmity.
The Court also directed the Rent Tribunal/Appellate Court to expedite the disposal of the application for condonation of delay and proceed with the appeal, preferably within sixty days, as mandated by Section 33(2) of the U.P. Regulation of Urban Premises Tenancy Act, 2021. The directive aims to ensure timely resolution of the appeal while maintaining the integrity of the appellate process.
Bottom Line :
Appellate Court's power to grant interim protection in appeals accompanied by applications for condonation of delay discussed; distinction between protective jurisdiction and adjudication on merits emphasized.
Statutory provision(s):
U.P. Regulation of Urban Premises Tenancy Act, 2021 Sections 4(3), 4(7), 21(2), 33(2); Constitution of India, 1950 Article 227
Neelabh Gupta v. Purshottam Das Gupta, (Allahabad) : Law Finder Doc id # 2963997
