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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6761 OF 2009

RAGHUBIR SINGH BISHT (D) TR. LRS. & ANR. APPELLANT(S)

                               VERSUS

DR. RAGHUNATH SINGH NEGI & ORS. RESPONDENT(S)

J U D G M E N T KURIAN, J.

Heard the learned counsel for the parties on both the sides. 2. Having argued the case for quite some time and having  realized  the  fact  that  there  are  two concurrent  findings  against  the  appellants,  one  by the Appellate Court and the other by the High Court, operating against the appellants and having regard to other  factual  findings,  learned  counsel  for  the appellant sought  for  some  reasonable  time  to vacate the premises, since the hotel conducted at the premises is the only source of livelihood and since they have been in the business for quite some time. 3. Learned  counsel  for  the  respondents,  however, submits that he has been waiting to get the premises vacated for more than three decades,  particularly since  he  is  an  ex-serviceman  and  the  premises  is badly required for him to start a business of his own. 4. Having  heard  the  learned  counsel  on  both  the

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sides  and  having  regard  to  the  entire  facts  and circumstances of the case, we are of the view that equities can be balanced if the appellants are given a reasonable time to vacate, in the sense time up to the month in which Deepawali falls in the year 2018.  5. Therefore, this appeal is disposed of subject to the following conditions:-

(i) The  appellant  shall  surrender vacant  possession  of  the  premises  on  the last day of the month in which Deepawali falls in the year 2018.

(ii) The appellant shall not induct any new  partner  or  sub-let  the  premises  in question.

(iii) There  shall  be  no  change  of business.

(iv) He shall continue to pay the same rent which he is paying now towards use and occupation charges.

(v) The  appellant  shall  file  a  usual undertaking  incorporating  the  above conditions,  within  a  period  of  one  month from today.

(vi) In case, the undertaking, as above, is not filed within the time granted or if the undertaking is violated, the appellant shall  be  liable  to  be  proceeded  with  in accordance  with  law  including  the  action for contempt of Court.

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6. Pending  applications,  if  any,  shall  stand disposed of. 7. There shall be no orders as to costs.

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

.......................J.               [R. BANUMATHI]  

NEW DELHI; MARCH 29, 2017.

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