SUPREME COURT OF INDIA

Before:- S.B. Majmudar and Y.K. Sabharwal, JJ.

Civil Appeal No. 3027 of 2000. (Arising out of S.L.P. (C) No. 7096 of 1999). D/d. 28.4.2000.

Sheo Prasad - Appellant

Versus

Pawan Kumar - Respondent

Civil Procedure Code, 1908, Section 115 - Revision - High Court dismissed the rent revision without recording any reasons by granting one year time to the tenant - Respondent contending that no reasons were required to be recorded since the appellant had prayed for one year time to vacate the premises - Held, that this was no ground for not recording any reasons - Matter remanded back for decision afresh.

[Para 3]

ORDER

S.B. Majmudar, J. - Leave granted.

2. We have heard learned Counsel for the parties finally in this appeal.

3. A very peculiar order has been passed by the High Court in the revision petition. We are told by learned Counsel for the Appellant that though the revision was dismissed and reasons were required to be recorded separately, no reasons were recorded. Of course, learned Counsel for the Respondents submits that reasons were not required to be recorded because Counsel for the Appellant had prayed for one year's time to vacate the premises and hand over possession and learned Counsel for the Respondent did not object. In our view, this cannot be a consent order as submitted by learned Counsel for the Respondent as recording of reasons was expressly mentioned in the order passed by the High Court. Because revision petition was dismissed, time might have been prayed for vacating the premises and that may have been granted with consent. But that has nothing to do with the recording of reasons separately. Only on this short ground and without expressing any opinion on the merits of the controversy between the parties, the appeal is allowed. The impugned order is set aside. The Revision Application No. 338 of 1998 is restored to the file of the High Court with a request to redecide the same and dispose it of after hearing the parties by a reasoned order at the earliest and preferably within a period of three months from the date of receipt of a copy of this order at its end. No costs.

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