Summary
The Supreme Court held the landlord to counsel’s unequivocal commitment to re-induct a tenant after reconstruction, considering the particular litigation history and indulgence obtained on that basis. It modified the arrangement to give the tenant the full front portion of the ground floor and ₹74,000 for reduced area, replacing the daily-delay damages arrangement. A court receiver was appointed to supervise compliance and rent was left for determination by the Rent Controller.
Issues
- Whether the landlord could withdraw from counsel’s commitment to re-induct the tenant after reconstruction.
- What arrangement would implement that commitment given the building’s staircase and reduced usable area.
Held
- On these particular facts the retained counsel’s unequivocal statement concerned the very subject of the proceedings, and the landlord had obtained further indulgence on the impression that accommodation would be provided. He could not resile by changing counsel and seeking review; Himalayan Cooperative did not justify withdrawal in these circumstances. (¶¶ 9, 10, 11, 12)
- The tenant was to receive the entire front ground-floor portion measuring 3.73 by 7.57 metres, separated from the rear staircase by a brick wall, with upper-floor access from the rear. Compensation of ₹74,000 addressed the loss of area compared with the former 36.53 square metres. (¶¶ 13, 14, 15, 16, 17)
- The modified arrangement replaced the ₹1,000-per-day delayed-reinduction damages. The partition and delivery were required within six weeks, and the landlord could not use the upper floors before possession and compensation requirements were satisfied. A receiver would supervise and report breaches. (¶¶ 18, 19)
- The parties were to apply jointly to the Rent Controller for monthly rent determination, with a fair hearing and decision within six months of presentation. (¶ 19)
Result
Appeals partly allowed and the High Court decree modified with directions for re-induction, ₹74,000 compensation, receiver supervision and rent determination. No order as to costs; pending applications disposed of.