Abuse of Process of Law

Tenant filing fresh objections in execution petition and starting another round of litigation on frivolous grounds is abuse of the process of the court and flagrant violation of eviction decree which attained finality. Appeal dismissed with cost and directed to hand over possession in three months, else to be evicted by police force. ( Sardar Estates v. Atma Ram Properties P. Ltd., (2009) 6 SCC 609, 2009 (160) DLT 629 : 2009 (8) SCALE 746) In case the tenant did not vacate premises by the date specified for giving of vacant possession, landlord would be entitled to mesne profit of Rs.500/- per day till the day vacant possession was handed over. (Shashi Jain v. Tarsem Lal, (2009) 6 SCC 40, AIR 2009 SC 2617 : 2009 (78) AIC 88 : 2009 (5) SCALE 174) Contempt petition can be filed for non compliance with the direction for depositing the arrears and delay tactics adopted by the defendant tenant to prolong the eviction petition. (Sushila Raje Holkar v. Anil Kak 2008 (2) KHC 923; 2008 (14) SCC 392) No doubt long delay in disposal of cases due to docket explosion became a ruse to unscrupulous litigant to abuse the course of law to protract litigation and remain in just or wrongful possession of property. Landlord could be suitably compensated by award of damages. ( East India Hotels Ltd v. Syndicate Bank, 1992 Supp (2) SCC 29)