Ram Prakash Sharma Vs. Babulal Birla (D) By Lrs. & Others
EmailAppeal: I.A. No. 3 of 2011
In
Civil Appeal No. 5310 of 2010
[From the Judgement and Order dated 05.09.2008 of the High Court of Judicature Jabalpur, Bench at Gwalior in Second Appeal No. 285 of 2005]
In
Civil Appeal No. 5310 of 2010
[From the Judgement and Order dated 05.09.2008 of the High Court of Judicature Jabalpur, Bench at Gwalior in Second Appeal No. 285 of 2005]
Petitioner: Ram Prakash Sharma
Respondent: Babulal Birla (D) By Lrs. & Others
Apeal: I.A. No. 3 of 2011
In
Civil Appeal No. 5310 of 2010
[From the Judgement and Order dated 05.09.2008 of the High Court of Judicature Jabalpur, Bench at Gwalior in Second Appeal No. 285 of 2005]
In
Civil Appeal No. 5310 of 2010
[From the Judgement and Order dated 05.09.2008 of the High Court of Judicature Jabalpur, Bench at Gwalior in Second Appeal No. 285 of 2005]
Judges: Markandey Katju & Gyan Sudha Misra, JJ.
Date of Judgment: May 12, 2011
Appearances:
Appearances
Ms. Madhurima Bora (for Mr. Balaji Srinivasan), Advocate, for the Appellant(s).
Mr. Rishi Maheshwari (for Mrs. Shally Bhasin Maheshwari), Advocate, for the Respondent(s).
Ms. Madhurima Bora (for Mr. Balaji Srinivasan), Advocate, for the Appellant(s).
Mr. Rishi Maheshwari (for Mrs. Shally Bhasin Maheshwari), Advocate, for the Respondent(s).
Head Note:
TENANCY
Eviction order – Time granted to vacate – Premises not vacated, despite undertaking. General direction issued that if where tenant does not vacate within the time granted, he shall be evicted by police force.
Eviction order – Time granted to vacate – Premises not vacated, despite undertaking. General direction issued that if where tenant does not vacate within the time granted, he shall be evicted by police force.
JUDGEMENT:
ORDER
1. Taken on Board.
2. Heard learned counsel for the parties.
3. 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.
4. 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 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.
5. If any extension of time to vacate is desired, that application should be filed well in advance.
6. The Interlocutory Application is allowed accordingly.
1. Taken on Board.
2. Heard learned counsel for the parties.
3. 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.
4. 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 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.
5. If any extension of time to vacate is desired, that application should be filed well in advance.
6. The Interlocutory Application is allowed accordingly.
