GURBACHAN SINGH Vs. RAVINDER PAUL MOHINDRA & ORS.

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

Appeal (Civil), 3939 of 2007, Judgment Date: Mar 22, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO(S).  3939/2007


GURBACHAN SINGH                                                APPELLANT(S)

                                VERSUS

RAVINDER PAUL MOHINDRA & ORS.                                  RESPONDENT(S)


                               J U D G M E N T

KURIAN, J.

      Heard learned senior counsel appearing for the parties for quite  some
time.
2.    Finding  that  there  is  a  genuine  human  problem,  we  sought  the
assistance of Mr. R. Balasubramanian, learned counsel, to  see  whether  the
parties could agree for an amicable settlement of the disputes.
3.    We are happy to note that Mr.  R.  Balasubramanian,  learned  counsel,
has  been  successful  in  making  the  parties  agree  for   a   reasonable
settlement.  Accordingly, this appeal is disposed of as follows:

i)          The appellant shall surrender vacant and peaceful possession  of
the premises in question on the last day of the  month  in  which  Deepawali
falls in the year 2019.

ii)   The appellant shall not induct any sub-tenant and if there is  anybody
now occupying the premises, the appellant shall see  that  the  said  person
also vacates the premises by the date mentioned above.

iii)  The respondents will not make any claim for mesne profits.

iv)   The appellant shall file an undertaking before  this  Court  on  usual
terms within three weeks from today.

v)          In case the undertaking is  violated,  the  appellant  shall  be
proceeded against, for contempt as well.

vi)   During the  period  of  occupation,  as  above,  the  appellant  shall
continue to pay the same amount which he is paying  currently,  towards  use
and occupation charges.  From the month of April, 2017 onwards the  use  and
occupation charges shall be paid by the appellant by way of a  cheque  drawn
in the name of Respondent No.1.

vii)  The respondent No.1 is free to withdraw all the amount  now  lying  in
deposit, along with the accrued interest.

viii) It is also made clear that all the  conditions  imposed  by  the  High
Court shall stand modified and substituted, as above.

4.    We record our appreciation for the earnest  efforts  taken  in  record
time by  Mr. R. Balasubramanian, learned counsel.
5.    Pending applications, if any, shall stand disposed of.
6.    There shall be no orders as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]



                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MARCH 22, 2017.