RAGHUBIR SINGH BISHT(D) TR.LRS.& ANR. Vs. DR. RAGHUNATH SINGH NEGI & ORS
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 6761 of 2009, Judgment Date: Mar 29, 2017
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6761 OF 2009
RAGHUBIR SINGH BISHT (D) TR. LRS. & ANR. APPELLANT(S)
VERSUS
DR. RAGHUNATH SINGH NEGI & ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Heard the learned counsel for the parties on both the sides.
2. Having argued the case for quite some time and having realized the
fact that there are two concurrent findings against the appellants, one by
the Appellate Court and the other by the High Court, operating against the
appellants and having regard to other factual findings, learned counsel for
the appellant sought for some reasonable time to vacate the premises,
since the hotel conducted at the premises is the only source of livelihood
and since they have been in the business for quite some time.
3. Learned counsel for the respondents, however, submits that he has
been waiting to get the premises vacated for more than three decades,
particularly since he is an ex-serviceman and the premises is badly
required for him to start a business of his own.
4. Having heard the learned counsel on both the sides and having regard
to the entire facts and circumstances of the case, we are of the view that
equities can be balanced if the appellants are given a reasonable time to
vacate, in the sense time up to the month in which Deepawali falls in the
year 2018.
5. Therefore, this appeal is disposed of subject to the following
conditions:-
(i) The appellant shall surrender vacant possession of the premises
on the last day of the month in which Deepawali falls in the year 2018.
(ii) The appellant shall not induct any new partner or sub-let the
premises in question.
(iii) There shall be no change of business.
(iv) He shall continue to pay the same rent which he is paying now towards
use and occupation charges.
(v) The appellant shall file a usual undertaking incorporating the
above conditions, within a period of one month from today.
(vi) In case, the undertaking, as above, is not filed within the time
granted or if the undertaking is violated, the appellant shall be liable to
be proceeded with in accordance with law including the action for contempt
of Court.
6. Pending applications, if any, shall stand disposed of.
7. There shall be no orders as to costs.
.......................J.
[KURIAN JOSEPH]
.......................J.
[R. BANUMATHI]
NEW DELHI;
MARCH 29, 2017.