SC Asks Bombay High Court Chief Justice To Review Landlord Tenant Case Backlog

The Supreme Court has taken a decisive step in remedying delays in civil proceedings by instructing the Chief Justice of the Bombay High Court to address the increasing pendency of landlord-tenant disputes across lower courts. The Supreme Court's directive came on account of an appeal that made the Court conscious of long-drawn litigation in such matters that kept putting so much delay on justice while at the same time affecting the rights and financial interests of property owners and tenants.

Supreme Court's Concern Over Long-Standing Disputes

While hearing a landlord and tenant dispute, Justices Sanjay Karol and Manoj Misra, on the Bench, issued a direction for the Chief Justice of the Bombay High Court to seek a report from all the concerned courts about the pendency period concerning similar disputes. The Court observed that once it is found that a larger number of such cases are delayed beyond a reasonable period, steps should be taken to ensure speedy adjudication. 

Monetary Impact of Delayed Justice

• The observations of the Supreme Court related directly to the monetary aspect concerning landlord and tenant disputes. Such disputes are not only about possession of property but also entail enormous monetary interests. The Bench stressed that it is crucial that courts should not allow parties to suffer from procedural delays.
• The Court warned that delayed adjudication causes undue hardship to both landlords and tenants as such uncertainty is prolonged for years, during which time the parties are wrongfully deprived of their entitlements.

Background of the Case

• The observations were made during the hearing of two cross-appeals in Mohit Suresh Harchandrai v. Hindustan Organic Chemicals Limited, Civil Appeal No. 007188/2025. These appeals arose from a judgment rendered by the Bombay High Court on December 2024. 
• The dispute related to the method of calculating mesne profits or damages for unlawful possession on the per square foot rate of a property called ‘Harchandrai House’ in Mumbai. The aforesaid was under the illegal occupation of Hindustan Organic Chemicals Ltd. (HOCL) as a tenant. The landlord had already initiated steps towards the termination of the tenancy since 2000. 
• Notwithstanding refraining from altering the main findings of the Bombay High Court, the Supreme Court modified the interest rate slightly in favour of the defendant, i.e., the rate of interest having been reduced from 8% to 6%. The tenant, i.e., HOCL, was directed to pay the whole amount within a period of three months from today.

Judicial Delay: A Cause for Concern

• The Supreme Court voiced "deep concern" about the lengthy delay while considering the case. The bench was particularly disturbed that the matter had been pending for almost 25 years. 
• The Court underlined the hardship the landlord has had to endure, as all through the beginning of the 21st century, he started suing to get all relief in money, which he is only now probably going to get.

Systemic Issues Behind Case Delays

The Court has, however, accepted the fact that the causes for delays could be many and varied. In many cases, the litigants themselves use the system to cause undue delay. Other times, systemic inefficiencies and backlogs within the court itself are responsible for the delay.

Call for Judicial Intervention and Reform

• Thus, the Supreme Court has created opportunities for systemic change by referring this case to the Chief Justice of the Bombay High Court. If the High Court finds that a large number of landlord-tenant civil suits are pending for unusually long periods, the Court has invited it to take appropriate steps to expedite the disposal thereof. 
• Appropriate steps may include fast-tracking the cases, issuing time-bound directions to trial courts, or even constituting dedicated benches for expeditious disposal of landlord-tenant matters.

The Supreme Court's directions in that case mark a very significant step to ensure that the judicial system does not become an instrument of injustice through delay. Landlord-tenant disputes, though civil in nature, affect the very lives and livelihoods of hundreds and thousands of people. By highlighting the concern of timely disposal and accountability within the system, the Court has sent out a crystal-clear message that justice delayed must not become justice denied.

As courts across India face an ever-growing caseload, this initiative could serve as a model for other High Courts to introspect and act on long-pending matters, ensuring that the judicial process remains both fair and timely.

Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law in the legal field by the best professionals in this area. With this law firm, you can search and find a lawyer who can meet your legal requirements for online consultation. The attorneys at Sharks of Law have the necessary expertise across all the fields involved should you have any inquiries that require legal counsel.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993