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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 7396 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 9895 OF 2018]

DHAMENDRA KUMAR SHARMA                       Appellant (s)

                               VERSUS

SOMENDRA BABU (SINCE DECEASED)  THROUGH LRS. & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Application for substitution is allowed.

2. Leave granted.

3. The appellant approached this Court, aggrieved by

the Judgment and order dated 28.03.2018 passed by the

High Court of Judicature at Allahabad in Civil Misc.

Petition  No. 1284  of 2018,  whereby the  High Court

confirmed the order of eviction.

4. When the matter came up before this Court, it was

pointed out that the respondents-landlords have many

other  shops.   Therefore,  it  was  directed  by  this

Court  to  ascertain  whether  the  appellant  can  be

accommodated in one of the available shops at least

in the new complex, which is under construction.  We

are happy to note that the parties have reached a

settlement whereby respondents have graciously agreed

to  accommodate the  appellant in  a shop,  which has

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been  identified  and  on  which  the  parties  are  in

agreement.  Ordered accordingly.  The rental will be

for a period of three years and the rent will be

Rs.10,000/- (Rupees Ten Thousand), as a special case,

excluding  maintenance  charges  whereafter,  appellant

will handover vacant and peaceful possession unless

agreed  to in  writing otherwise.   The  appellant is

given a period of one month to vacate the present

premises.

5. The  respondents  are  directed  to  complete  the

construction of the floor, where the appellant can be

accommodated, within three months thereafter and hand

over the shop to the appellant.

6. Before  occupying  the  new  shop,  the  appellant

shall clear all the arrears in respect of the old

shop.  In view of the above, the appeal is disposed

of.   Both  the  parties  are  directed  to  file  their

respective  undertakings  in  terms  of  this  Judgment

within three weeks from today.   

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; July 31, 2018.