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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL     APPEAL     NO.     3575      OF     2012   (@ SPECIAL LEAVE PETITION(C)NO.5990 OF 2009)

GHISALAL M.AGRAWAL (D)THR.LRS.& ORS.       APPELLANTS

                VERSUS

RAMESHWAR @ RAMU JAWAHARLAL & ANR.         RESPONDENTS

O     R     D     E     R   

Leave granted.

Heard learned counsel for the parties to the lis. After hearing learned counsel for the parties to the  

lis  and after carefully going through the impugned judgment,  

we are of the opinion that the High Court in Second Appeal was  

not justified in reversing the concurrent findings arrived at  

by the Trial Court and the first Appellate Court. Accordingly,  

we set aside the orders passed by the High Court and restore  

the orders passed by the Trial Court.

Since the respondents are holding back the premises in  

question   from   the   last five decades, we are of the  

opinion   that   they   will   quit   and   deliver   the  

vacant   possession   of   the   premises    to   the  

landlord.   Accordingly,   we   direct   the   respondents   to  

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deliver the vacant possession of the premises to the  

appellant(s) within a year's time from today.  If, for any  

reason, the respondents fails to comply with the orders and  

directions issued by this Court, the appellant(s) is/are at  

liberty to take effective steps for evicting the premises.  If  

necessity arises, the appellant(s) can also take the assistance  

of the police.

Learned counsel for the respondents will file the  

usual undertaking before this Court within four weeks' from  

today.

The appeal is disposed of accordingly.  No costs.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; APRIL 16, 2012