M/S. New Krishna Tent Store Vs. Bhajan Kaur [2008] INSC 736 (29 April 2008)

TARUN CHATTERJEE & HARJIT SINGH BEDI

O R D E R CIVIL APPEAL NO.3193 OF 2008 (Arising out of SLP(C)No.4876 of 2007) Leave granted.

This is an appeal at the instance of the tenant-appellant against the concurrent orders passed on an application for eviction which was filed on the ground that the respondent-landlady required the suit premises for her bona fide use to start business in the same. The High Court as well as the courts below held that in fact, the respondent required the suit premises for her use to start business in the same. Nothing could be shown by the learned senior counsel appearing for the appellant to satisfy us for the purpose of setting aside such concurrent findings of fact.

Accordingly, there is no merit in this appeal. The appeal is thus dismissed.

However, the appellant is granted nine months' time i.e. till 31st of January, 2009 to vacate the premises in question subject to filing a usual undertaking in this Court within four weeks from this date.

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