Ram Prakash Sharma Vs
Babulal irla (D) By LRS. & Others
O R D E R
Taken on Board. Heard
learned counsel for the parties. In the facts and circumstances of the case,
time to vacate the premises in question is extended till 31st August, 2011 and
if the tenants do not vacate on or before the said date, they will be evicted
by police force. We further make it clear that when this Court allows the petition/appeal
of the landlord or dismisses the petition/appeal of the tenant and grant some
time to vacate the premises in question and if the tenant does not vacate within
the time granted, the tenant shall be evicted by police force.
This is a general
direction we are passing because we are coming across several cases where the
tenants are not vacating the premises in question despite granting time by this
Court or despite furnishing an undertaking to this Court with a result that the
landlord has to initiate contempt proceedings or any other proceedings. Hence,
we CIVIL APPEAL NO. 5310 OF 2010 give a general direction that when tenant's
petition/appeal is dismissed and he is given time to vacate then on the expiry
of that time, he will be evicted by police force if he does not vacate of his
own. If any extension of time to vacate is desired, that application should be
filed well in advance. The Interlocutory Application is allowed accordingly.
..........................J.
[MARKANDEY KATJU]
..........................J.
[GYAN SUDHA MISRA]
NEW
DELHI;
MAY
12, 2011
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