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.