Kumar Vaish & Ors. Vs. Rajendra Kumar Agarwal & Ors.  INSC 398
(19 April 2010)
APPELLATE JURISDICTION CIVIL APPEAL NO. 3494 OF 2010 (Arising out of SLP(C)
No.23135/2007) SANJAY KUMAR VAISH AND ORS. Appellant(s) :VERSUS:
KUMAR AGARWAL AND ORS. Respondent(s)
O R D E R
learned counsel appearing on behalf of the parties.
having gone through the impugned order passed by the learned Single Judge of
the High Court of Judicature at Allahabad in Writ Petition No.91/RC/1995, we
are of the considered opinion that the said impugned order cannot be sustained
in law. The learned Single Judge committed an error in its finding that notice
was not properly served on the tenants - respondents herein. More so when the
postman was examined who had categorically stated that notice was tendered to
the tenants but they refused. Refusal would make it to be proper and deemed
therefore, of the considered opinion that the impugned order has to be set
aside and we do so.
the learned counsel for the respondents prayed for time to vacate the premises
on the ground that there is dearth of accommodation in the City of Lucknow and
the respondents are carrying on their business since long.
respondents' filing usual undertaking in this Court within four weeks from
today and subject to payment of all the arrears of rent together with monthly
rent regularly, we direct that the respondents shall hand over peaceful and
vacant possession of the premises to the appellant on or before 31st December,
2010. If they fail to do so, the appellant would be at liberty to execute the
decree of eviction forthwith.
appeal stands disposed of accordingly.
.....................J (DEEPAK VERMA)
.....................J (K.S. RADHAKRISHNAN)
April 19, 2010.