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Suresh Thakar Vs. Dr. Aditya Parakh and Ors.

[Civil Appeal No(S). 4403/2017]

[Civil Appeal No(S). 4404/2017]

KURIAN, J.

1. On the question of law, as to whether the State of Chhattisgarh could have enacted a law providing for an appeal straight to this Court, bypassing the High Court of the State, we are not inclined to go into that question in the peculiar facts of these cases. Findings are concurrent against the appellants. It is also not in serious dispute that there is wilful default in payment of rent.

2. In that view of the matter, these appeals are dismissed leaving the question of law open.

3. On the request of the learned counsel for the appellants, the appellants are granted time to vacate till 31.10.2017 on a condition that the appellants will file usual undertaking before this Court within a month from today. Towards use and occupation charges, the appellants will continue to pay the same rent as has been fixed and the arrears, if any, has to be cleared within one month from today. In case, there is any violation of the conditions of the undertaking, the appellants shall be visited with all consequences including the action for contempt of Court.

4. Pending applications, if any, shall stand disposed of.

5. There shall be no orders as to costs.

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

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

NEW DELHI;

MARCH 30, 2017.


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