Gopal Krishan Mittal vs M/S. Bombay Motors & Ors
- CitationAIRONLINE 2013 SC 572
Ratio decidendi
The rule this decision rests on
Where a landlord seeks eviction of long-standing tenants who have occupied the premises for several decades, the court may, in exercise of its discretion and in the interests of justice, grant an extended period for the tenants to vacate and surrender possession, conditional upon their continued payment of rent without default and their undertaking not to sublet or transfer the premises to third parties. Where such conditions are breached, the court may permit the landlord to invoke police assistance for enforcement of eviction orders.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
M/S.BOMBAY MOTORS & ORS. ... RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned counsel for the parties to the lis.
3. Taking into consideration the fact that the respondents-tenants are occupying the premises from the last five decades, we are of the view that they should be given sufficient time to quit and deliver vacant possession of the premises in question to the appellant-landlord.
4. Accordingly, we grant five years' time from today to the tenants- respondents to quit and deliver vacant possession of the premises to the landlord-appellant. We make it clear that the respondents shall not commit any default in payment of rentals to the landlord-appellant and also shall not let out the premises to any other party.
5. The respondents-tenants shall file an appropriate undertaking before the Registry of this Court within four weeks' from today to this effect.
: 2 : 6. If, for any reason, the respondents commit any default of the aforesaid conditions, the landlord-appellant is at liberty to take the assistance of the jurisdictional police authorities to take possession of the premises in question.
7. In view of the above, we set aside the orders passed by the High Court and restore the orders passed by the Rent Controller which is affirmed by the First Appellate Authority.
8. The Civil Appeal is disposed of accordingly.
...........................J. (H. L. DATTU)
...........................J. (SUDHANSU JYOTI MUKHOPADHAYA)
NEW DELHI;
AUGUST 22, 2013
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