Santosh
Kumar & Anr Vs. Sarla Devi [2008] Insc 145 (6 February 2008)
Tarun
Chatterjee & H.S.Bedi
O R D
E R SPECIAL LEAVE PETITION ) No.8146 of 2007
This
special leave petition is directed against the judgment and final order dated
7th of December, 2006 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition
No.65813 of 2006. On 17th of May, 2007, a limited notice was issued. While
issuing a limited notice on the special leave petition, the following order was
passed:-
"Learned
senior counsel for the petitioners submits that although the
respondent-landlord had offered two shops to the petitioner-tenants, but that
offer was refused by them. He submits that the petitioners are now agreeable to
accept such offer and is ready to vacate the suit premises subject thereto.
Accordingly, we order issuance notice limited to the question that whether the
offer of the respondent-landlord, which was not accepted by the petitioners in
the High Court and is now acceptable to them, is still open for acceptance.
There will be ad interim stay of dispossession till 15th July, 2007."
A
reading of this order would show that in the High Court the petitioners who are
the tenants was offered by the landlord-respondent two shops, but that offer
was refused by them. But in this Court, the petitioners are agreed to accept
such offer and is ready to vacate the premises in question, subject to
receiving possession in respect of two shops which were offered to the
petitioners before the High Court. The learned counsel appearing on behalf of
the respondent had submitted before us that they shall hand over two shop
rooms, namely, Shop No. 6 & 7 Balaji Market, Main Road, Tundla (U.P.) to the petitioners within a period of two
weeks from this date.
If
possession of the aforesaid two shop rooms is delivered, the appellant shall
deliver possession of the tenanted suit premises to the respondent within a
month from the date of taking over possession of two shop rooms from the
respondent by them. In the event, possession of two shop rooms are not
delivered or taken possession of, it will be open to the respondent to execute
the decree in accordance with law and this special leave petition shall stand
dismissed.
With
the above direction, the special leave petition is dismissed. No order as to
costs.
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