Santosh Kumari Singh
Vs. Shakuntala Devi & Ors.  INSC 1850 (3 November 2008)
JURISDICTION CIVIL APPEAL NO.6427 OF 2008 (Arising out of S.L.P. (C) No.18294
OF 2006) Santosh Kumari Singh ...Appellant(s) Versus Shakuntala Devi and Ors.
...Respondent(s) O R D E R Heard learned counsel for both the sides.
In view of the fact
that the writ petition is still pending before the High Court of Allahabad, we
are not inclined to discuss all the details of the parties as placed before
this Court. However, it is the case of the second respondent-Kanpur Development
Authority (for short, `the Authority') that the first respondent herein- writ
petitioner before the High Court, has not paid all the instalments within the time
prescribed and, according to the counsel for the Authority, possession was not
handed over to her. On the other hand, it is the stand of the Authority that
the appellant herein-Respondent No.3 before the High Court has paid the entire
amount and possession was handed over to her by executing lease deed on 11th
Though ...2/- -2-
learned counsel for Respondent No.1 submitted that she has paid substantial
amount, in view of the assertion made by Respondent No.2-Authority, we are of
the view that it is for the High Court to consider, while hearing the writ
petition. Taking note of the fact that the appellant herein-Respondent No.3
before the High Court paid the entire amount and proper lease deed was also
executed, we are satisfied that the positive direction issued by the High Court
directing Respondent Nos.1 and 2 therein that possession be delivered to the
writ petitioner, cannot be sustained. The said direction is hereby set aside.
In view of the stand
taken by the Authority, as mentioned above and as noted in their counter
affidavit, first respondent herein, i.e., Shakuntala Devi, is directed to hand
over possession to the appellant, namely, Santosh Kumari Singh- Respondent No.3
in the writ petition, within a period of eight weeks.
We request the High
Court to dispose of the main writ petition uninfluenced by any of the
observations made by us within a period of one year from the date of receipt of
copy of this order.
The civil appeal is,
accordingly, disposed of.