Varun Kumar Gupta v. Om Prakash

Supreme Court of India · 14 Feb 2017

Kurian Joseph; A. M. Khanwilkar

CIVIL APPEAL NO(S). 3420-3421/2011

civil appeal_allowed

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The Supreme Court allowed the landlord's appeal but granted the tenant reasonable time until 31.12.2020 to vacate the premises, subject to continued rent payment.

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 3420-3421/2011
VARUN KUMAR GUPTA APPELLANT(S)

VERSUS

OM PRAKASH RESPONDENT(S)

JUDGMENT

KURIAN, J.

The appellant/landlord is aggrieved by the impugned order dated 27.04.2010 in the matter of eviction. Though several contentions are taken by the parties, on a suggestion made by the Court, it is heartening to note that the appellant/landlord has graciously agreed to provide a reasonable time to the respondent/tenant for surrendering vacant possession.

2. Having regard to the factual matrix of the case, we are of the view that overall justice would be served in case the respondent/tenant is given time to vacate up to 31.12.2020.

3. Accordingly, these appeals are disposed of as follows: The respondent/tenant shall surrender vacant possession of the premises on or before 31.12.2020. He shall also file an undertaking to that effect in the Registry of this Court within three months from today. During the said period the respondent/tenant will continue to remit Rs.1102/- per month, all inclusive. Page 2

4. Pending application(s), if any, shall stand disposed of.

5. There shall be no orders as to costs ........................ J. [KURIAN JOSEPH] ....................... J. [A.M. KHANWILKAR] NEW DELHI; FEBRUARY 14, 2017.

Varun Kumar Gupta v. Om Prakash

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JUDGMENT

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