S.D.Sharma Vs. Madame Fenovard
EmailAppeal: Civil Appeal No. 1547 of 1988.
(Arising out of Special Leave Petition No. 4945 of 1988)
(Arising out of Special Leave Petition No. 4945 of 1988)
Petitioner: S.D.Sharma
Respondent: Madame Fenovard
Apeal: Civil Appeal No. 1547 of 1988.
(Arising out of Special Leave Petition No. 4945 of 1988)
(Arising out of Special Leave Petition No. 4945 of 1988)
Judges: R.S.PATHAK,CJI., S.NATARAJAN & M.N.VENKATACHALIAH.JJ.
Date of Judgment: Apr 21, 1988
Head Note:
RENT LAW
Eviction – Appellant to give vacant possession of the premises to the ~4~ On reconstruction of the building if the premises are to be let out, the first offer to be made to the appellant.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. After hearing learned counsel for the parties, we modify the impugned order in the following terms:
3. The appellant will hand over vacant and peaceful possession of the premises to the respondent within six months from today and will furnish an undertaking within three weeks from today in the usual terms that he will do so upon receiving possession, the respondent will undertake the demolition and reconstruction of the building, and will complete the said reconstruction within two years of receiving such possession. This order is being made subject to the further condition that upon re-construction of the building, the respondent will occupy the reconstructed building personally and should she not do so and she intends to let it out, the first offer must be made to the appellant who may occupy it on a rent to be agreed upon between the parties failing which on market rent to be determined by the Rent Controller. It is directed further that the reconstructed building will be used by the appellant consistently with the nature of user permitted by law.
4. The appeal is disposed of accordingly. There is no order as to costs.
1. Special leave granted.
2. After hearing learned counsel for the parties, we modify the impugned order in the following terms:
3. The appellant will hand over vacant and peaceful possession of the premises to the respondent within six months from today and will furnish an undertaking within three weeks from today in the usual terms that he will do so upon receiving possession, the respondent will undertake the demolition and reconstruction of the building, and will complete the said reconstruction within two years of receiving such possession. This order is being made subject to the further condition that upon re-construction of the building, the respondent will occupy the reconstructed building personally and should she not do so and she intends to let it out, the first offer must be made to the appellant who may occupy it on a rent to be agreed upon between the parties failing which on market rent to be determined by the Rent Controller. It is directed further that the reconstructed building will be used by the appellant consistently with the nature of user permitted by law.
4. The appeal is disposed of accordingly. There is no order as to costs.
