Sunil Kumar & Anr vs Anil Kumar

NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4943 OF 2008 (Arising out of S.L.P.(C) 2648 of 2007)

Sunil Kumar & Anr. ... Appellant(s)

Versus

Anil Kumar ..Respondent(s)

ORDER

1. Leave granted.

2. This appeal is directed against the Judgment

and final order dated 1st of December, 2006

passed by the High Court of Punjab and Haryana

at Chandigarh in CR No. 6420 of 2006, by which

the High Court had dismissed the Civil Revision

case in limine.

3. The respondent filed an application for ejectment

of the appellant from the demised premises inter

alia on the ground of non-payment of rent, sub-

1 letting and bonafide requirement of the demised

premises before the Rent Controller.

4. The learned Rent Controller rejected the claim of

the respondent for eviction on the ground of non-

payment of the rent, subletting but on the

ground of bonafide requirement, he had allowed

the eviction against the appellant.

5. Feeling aggrieved by the order of the learned Rent

Controller, the appellant filed an appeal before

the Appellate Authority, Jallandhar and the

Appellate Authority, by its Judgment dated 15th

of November, 2006 dismissed the appeal of the

appellant.

6. Against the aforesaid orders of the Appellate

Authority as well as of the Rent Controller, the

appellant filed a Civil Revision case, as

mentioned herein. By the impugned order, the

said Revision case was also dismissed on the

ground that there was no perversity or infirmity

in the orders of the Tribunals below. Before us

2 also, the learned counsel could not satisfy that

the concurrent findings of fact, as affirmed by the

High Court, were vitiated by infirmity or

perversity.

7. Accordingly, we do not find any ground to

interfere with such concurrent findings of fact.

The appeal is thus dismissed.

8. We direct that the appellant shall be permitted to

keep the premises in question for a further

period of nine months from this date subject to

filing the usual undertaking in this court within

four weeks from today and on expiry of this

period, he shall vacate and handover peaceful

possession of the premises in question to the

respondent. No order as to costs.

.........................J. [Tarun Chatterjee]

3 New Delhi; ........................J. August 8, 2008. [Aftab Alam]

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