K. Subramaniam (D) vs Krishna Mills Pvt. Ltd. 2025 INSC 1309 -TN Rent Control Act- CPC - Finality Of Judicial Decision

Tamil Nadu Buildings (Lease and Rent Control) Act, 1960- Section 10 - SC Rejected the contention that the absence of a two months’ notice under the Explanation to Section 10(2)(i) would ipso facto disentitle the landlord from maintaining the proceedings for eviction on the ground of wilful default. The statute, when read as a whole, does not render such notice an indispensable condition precedent to the assumption of jurisdiction by the Rent Controller. The Explanation merely provides an additional instance where, upon service of notice and continued nonpayment, the default may be presumed to be wilful; it does not, by necessary implication, obliterate the discretion vested in the Controller under the proviso to determine wilfulness even in the absence of such notice. (Para 27)

Code of Civil Procedure 1908- Order XLI Rule 5 - Mere filing of an appeal does not operate as a stay of the decree/order under appeal. (Para 24)

Principle of finality of a judicial decision- The principle of finality of a judicial decision would have no applicability in a situation where a party, despite owing money (unpaid rent, here) to his adversary in terms of a judicial determination, approaches the superior forum but prefers not to seek a stay of such determination pending the proceedings leaving the other party deprived of the benefits flowing from the said judicial determination. The bogey of judicial finality cannot, thus, be pressed into service to unfairly deny a party the benefits of a judicial decision, operation of which does not suffer from any interdiction by the superior court. (Para 30)

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