30 April 2020

Third party objector to execution of eviction decree, shall pay the arrears and rent to the landlord

objector-to-pay-rent

   Eviction Suit - Decreed in favour of Landlord - Execution proceeding - Third party, who has been a witness in the original suit, obstructed execution under order 21 Rule 97 of C.P.C. - Such obstruction pertition dismissed - Appeal - Judgment Debtor Tenant directed to pay the compensation or mesne profits as a condition-precedent for staying the decree of eviction, the Tenant remained unresponsive.


29 April 2020

The Court cannot go behind the language of the statute so as to add or subtract a word

court-not-to-go-behind-words-of-law


   The court cannot proceed with an assumption that the legislature enacting the statute has committed a mistake and where the language of the statute is plain and unambiguous, the court cannot go behind the language of the statute so as to add or subtract a word playing the role of a political reformer or of a wise counsel to the legislature. The court has to proceed on the footing that the legislature intended what it has said and even if there is some defect in the phraseology, etc., it is for others than the court to remedy that defect. The statute requires to be interpreted without doing any violence to the language used therein. The court cannot rewrite, recast or reframe the legislation for the reason that it has no power to legislate. [Para No.43] 


Adv. Jainodin's Legal Blog