Erukula Veeraiah Dead
by LRS Vs. Premnath & ANR. [2008] INSC 1917 (10 November 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6619 OF 2008 (Arising out
of SLP )No.4647 of 2008) Erukula Veeraiah Dead by LRs. ... Appellants Versus
Premnath & Anr. ...Respondents
ORDER
1.
Leave
granted.
2.
This
appeal is directed against an order dated 16th of November, 2007 passed by a
learned Judge of the High Court of Judicature of Andhra Pradesh at Hyderabad in
Civil Revision Petition No.5867 of 2005 by which the High Court had rejected
the Civil Revision Petition and accepted the concurrent findings of fact
arrived at by the courts below in respect of the eviction proceeding filed at
the instance of the landlords/respondents, inter alia, on the ground of willful
default and denial of title in respect of the premises in question.
3.
Having
heard the learned counsel appearing for the parties and after considering the
materials on record including the impugned order as well as the orders of the
courts below, we are of the view that no interference is called for in the
present case. As noted herein earlier, two grounds which were alleged by the
landlords/respondents for eviction of the appellant were, namely, willful default
and denial of title. Both the grounds were accepted by the courts below and
order of eviction was passed.
4.
Although
the learned counsel appearing on behalf of the appellant basically urged the
first ground of willful default but in view of the findings arrived at by the
courts below, on the other ground, namely, denial of title of the premises in
question, we are not inclined to go into this submission of the learned counsel
for the appellant as we find that the courts below rightly came to the
conclusion that the suit for specific performance of the agreement for sale in
respect of premises in question filed at the instance of the appellant having
been dismissed, the ground alleged by the landlords/respondents, namely, denial
of title of the premises in question must be found.
That being the
position, there cannot be any escape for the appellant from his eviction in
respect of the premises in question under the aforesaid ground alone.
Accordingly, there is no need to deal with the submission made by the learned
counsel for the appellant in the facts and circumstances of the present case
which has already been stated herein above. The appeal is thus dismissed. There
will be no order as to costs.
5.
However,
considering the facts and circumstances of the case, particularly that the
appellant has also been residing in the suit premises, we grant time up to 31st
of May, 2009 to the appellant herein to handover peaceful vacant possession of
the premises in question subject to the condition of submitting usual undertaking
before this court within one month.
........................J.
[Tarun Chatterjee]
.........................J.
New
Delhi;
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