12 May 2011
Supreme Court
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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


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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

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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]