DAYA NAND Vs. VIRMO DEVI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4631 of 2009, Judgment Date: Mar 23, 2017

                                                     NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.4631 OF 2009

DAYA NAND                                                         APPELLANT
                                VERSUS
VIRMO DEVI                                                       RESPONDENT

                        J U D G M E N T
Kurian J.

      The appellant-tenant has challenged the judgment passed  by  the  High
Court declining to interfere with the order passed by the  Rent  Controller,
ordering eviction.  The  main  contention  of  the  appellant  is  that  the
respondent is not the owner of the premises.
      However, having heard the learned counsel for the parties  extensively
and having regard to the concurrent findings against the appellant,  we  are
not inclined to interfere with the impugned order passed by the High  Court.

      Taking note of the fact that the appellant is 78 years of age  and  is
reportedly bed ridden and has been occupying this house since 1986,  we  are
inclined to grant time till 31.12.2019,  though  the  appellant  prayed  for
three years. We order accordingly.
            The appellant is directed to file  a  usual  undertaking  before
this Court within a period of three weeks from today. He  is  also  directed
to comply with the conditions imposed in the interim order  passed  by  this
Court on 01.08.2008.
            With the above observations and directions, the Civil Appeal  is
disposed of.
            Pending application(s), if any, stands disposed of.


                                               ...........................J.
                                                            (KURIAN JOSEPH)


                                                ..........................J.
                                                             (R. BANUMATHI)
NEW DELHI,
MARCH 23, 2017