Supreme Court Asks Bombay HC Chief Justice To Look Into Pendency Of Landlord-Tenant Disputes

The Supreme Court has called on the Chief Justice of Bombay High Court to look into the pendency of landlord-tenant disputes across different courts and take appropriate action for timely disposal if many cases of inordinate delay are found.

A bench of Justices Sanjay Karol and Manoj Misra recently ordered,

"we request the learned Chief Justice, High Court of Judicature at Bombay, to take up this issue and call for a report from the concerned courts regarding the period of pendency in landlord-tenant disputes. Should it be found that there are many such instances as the present case, then appropriate steps should be taken or directions issued to further the cause of expeditious disposal of these cases."

The Court observed that there is a monetary angle involved in landlord-tenant disputes and the courts are dutybound to ensure that no party suffers.

"When it comes to landlord-tenant disputes, there is an angle of being deprived of the enjoyment of the property and also the monetary benefits that accrue from owning such property. The courts, being the courts of law and justice, are duty-bound to ensure that on their account, no party is made to suffer. In these kinds of disputes delayed adjudication means that both parties bear the brunt."

The order was passed in two cross-appeals filed before the Court, following a Bombay High Court judgment of December, 2024. The dispute pertained to the 'per square foot rate' at which the mesne profit was to be calculated in relation to Hindustan Organic Chemicals Ltd.'s (HOCL) occupation, as 'tenant', of 'Harchandrai House' situated in Mumbai.

In the facts of the case, the Supreme Court did not interfere with the findings of the High Court, except to the extent of lowering the interest rate awarded from 8% to 6%. It was directed that the tenant shall pay the due sum to the landlord within 3 months.

However, the Court expressed "deep concern" about the delay ordained in the matter. "this dispute has been in the domain of the courts for more than two-and-a-half decades. The landlord took steps for termination of tenancy at the turn-of-the-century in 2000, and today, after a quarter of the century has already passed, only now, will they get the monetary fruits of the property that belongs to them", the order noted.

It was further commented that while in some cases, the litigating parties themselves are to be blamed for delay, in others, the judicial fora can also be seen as taking time to resolve disputes. 

Ultimately, the Court left it to the Chief Justice of Bombay High Court to look into the aspect and take appropriate action for expeditious disposal if many cases of such nature are found.

Case Title: MOHIT SURESH HARCHANDRAI v. HINDUSTAN ORGANIC CHEMICALS LIMITED, C.A. No. 007188/2025

Citation : 2025 LiveLaw (SC) 663

Click here to read the order