GOPAL KRISHAN MITTAL Vs M/S. BOMBAY MOTORS .
Bench: H.L. DATTU,SUDHANSU JYOTI MUKHOPADHAYA
Case number: C.A. No.-007111-007111 / 2013
Diary number: 24293 / 2009
Advocates: S. JANANI Vs
R. C. KAUSHIK
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7111 OF 2013 (@ SPECIAL LEAVE PETITION(C) NO.26865 OF 2009)
GOPAL KRISHAN MITTAL ... APPELLANT(S)
VERSUS
M/S.BOMBAY MOTORS & ORS. ... RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned counsel for the parties to the lis.
3. Taking into consideration the fact that the respondents-tenants
are occupying the premises from the last five decades, we are of the
view that they should be given sufficient time to quit and deliver
vacant possession of the premises in question to the appellant-
landlord.
4. Accordingly, we grant five years' time from today to the
tenants-respondents to quit and deliver vacant possession of the
premises to the landlord-appellant. We make it clear that the
respondents shall not commit any default in payment of rentals to
the landlord-appellant and also shall not let out the premises to
any other party.
5. The respondents-tenants shall file an appropriate undertaking
before the Registry of this Court within four weeks' from today to
this effect.
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6. If, for any reason, the respondents commit any default of the
aforesaid conditions, the landlord-appellant is at liberty to take
the assistance of the jurisdictional police authorities to take
possession of the premises in question.
7. In view of the above, we set aside the orders passed by the
High Court and restore the orders passed by the Rent Controller
which is affirmed by the First Appellate Authority.
8. The Civil Appeal is disposed of accordingly.
...........................J. (H. L. DATTU)
...........................J. (SUDHANSU JYOTI MUKHOPADHAYA)
NEW DELHI; AUGUST 22, 2013