M/S RAM PRAKASH SHARMA Vs BAULAL BIRLA(D) BY LRS.
Bench: MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Case number: C.A. No.-005310-005310 / 2010
Diary number: 1398 / 2009
Advocates: BALAJI SRINIVASAN Vs
SHALLY BHASIN
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO.3 OF 2011 IN
CIVIL APPEAL NO. 5310 OF 2010
Ram Prakash Sharma ..Appellant
versus
Babulal irla (D) By Lrs. & Others ..Applicants/
Respondents
O R D E R
Taken on Board.
Heard learned counsel for the parties.
In the facts and circumstances of the case, time to
vacate the premises in question is extended till 31st
August, 2011 and if the tenants do not vacate on or before
the said date, they will be evicted by police force.
We further make it clear that when this Court allows
the petition/appeal of the landlord or dismisses the
petition/appeal of the tenant and grant some time to vacate
the premises in question and if the tenant does not vacate
within the time granted, the tenant shall be evicted by
police force. This is a general direction we are passing
because we are coming across several cases where the tenants
are not vacating the premises in question despite granting
time by this Court or despite furnishing an undertaking to
this Court with a result that the landlord has to initiate
contempt proceedings or any other proceedings. Hence, we
CIVIL APPEAL NO. 5310 OF 2010
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give a general direction that when tenant's petition/appeal
is dismissed and he is given time to vacate then on the
expiry of that time, he will be evicted by police force if
he does not vacate of his own.
If any extension of time to vacate is desired, that
application should be filed well in advance.
The Interlocutory Application is allowed
accordingly.
....................... ...J.
[MARKANDEY KATJU]
NEW DELHI; ..........................J. MAY 12, 2011 [GYAN SUDHA MISRA]