Om Prakash Vs. Mangi
Lal [2008] INSC 1135 (15 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4384 OF 2008 (Arising out
of SLP(C)No.845 of 2007) OM PRAKASH .....APPELLANT(S) VERSUS O R D E R Leave
granted.
This appeal is
directed against the judgment and decree dated 4th December, 2006 passed in
Civil Second Appeal No.384 of 2005 by the High Court of Rajasthan at Jodhpur,
by which the High Court had dismissed the Second Appeal filed by the appellant
and affirmed the judgment and decree of the courts below decreeing the suit for
eviction. The only ground that was agitated by the learned counsel for the
appellant was that the High Court had failed to consider that the eviction
decree was passed without coming to a positive finding of relationship of
landlord and tenant between the parties.
After going through
the impugned judgment of the High Court, we find that the appellant had not
seriously pressed the Second Appeal before it. The appellant only asked for reasonable
time to vacate the premises in question. We note that the three courts below
concurrently found that there was relationship of landlord and tenant and also
found that the respondent was entitled to a decree of eviction on the ground of
nuisance and denial of the title by the appellant Such being the position, we
find no reason to interfere with the concurrent findings of facts which are not
available for attack before us. Accordingly, the appeal is dismissed. There
will be no order as to 2 costs. Interim order, if any, stands vacated.
It is an admitted
position that the appellant is running a tea shop in the premises in question
and in view of the order of the High Court he has already enjoyed one and half
year, which had expired in the year 2006. Even then, in view of the fact that
he is running a tea shop in the premises in question, we direct that the
appellant shall vacate the premises in question on or before 31st July, 2009
subject to filing of usual undertaking in this Court within four weeks from
this date.
.............................J.
(
TARUN CHATTERJEE ) .............................J.
(
AFTAB ALAM ) NEW DELHI;
JULY
15, 2008.
Back
Pages: 1 2 3
