Ghisalal M. Agrawal
(D) Thr. LRS. & Ors. Vs. Rameshwar @ Ramu Jawaharlal & ANR.
[Civil Appeal No.
3575 of 2012 @ Special Leave Petition (C) No.5990 of 2009]
O R D E R
Heard learned counsel
for the parties to the lis. After hearing learned counsel for the parties to the
lis and after carefully going through the impugned judgment, we are of the opinion
that the High Court in Second Appeal was not justified in reversing the concurrent
findings arrived at by the Trial Court and the first Appellate Court.
Accordingly, we set
aside the orders passed by the High Court and restore the orders passed by the
Trial Court. Since the respondents are holding back the premises in question from
the last five decades, we are of the opinion that they will quit and deliver the
vacant possession of the premises to the landlord. Accordingly, we direct the respondents
to deliver the vacant possession of the premises to the appellant(s) within a year's
time from today.
If, for any reason, the
respondents fails to comply with the orders and directions issued by this Court,
the appellant(s) is/are at liberty to take effective steps for evicting the premises.
If necessity arises, the appellant(s) can also take the assistance of the
police. Learned counsel for the respondents will file the usual undertaking
before this Court within four weeks' from today. The appeal is disposed of
accordingly. No costs.
(CHANDRAMAULI KR. PRASAD)