SURESH THAKAR Vs. DR. ADITYA PARAKH AND ORS

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

Appeal (Civil), 4403 of 2017, Judgment Date: Mar 30, 2017

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO(S).  4403/2017

SURESH THAKAR                                                  APPELLANT(S)

                                VERSUS

DR. ADITYA PARAKH AND ORS                                     RESPONDENT(S)
                                    WITH
                             C.A. NO. 4404/2017

                               J U D G M E N T

KURIAN, J.
1.    On the question of law, as to whether the State of Chhattisgarh  could
have enacted  a  law  providing  for  an  appeal  straight  to  this  Court,
bypassing the High Court of the State,  we are not inclined to go into  that
question in the peculiar facts of  these  cases.   Findings  are  concurrent
against the appellants.  It is also not in serious  dispute  that  there  is
wilful default in payment of rent.
2.    In that view of the matter, these appeals are  dismissed  leaving  the
question of law open.
3.    On the  request  of  the  learned  counsel  for  the  appellants,  the
appellants are granted time to vacate  till 31.10.2017 on a  condition  that
the appellants will file usual undertaking before this Court within a  month
from today.   Towards  use  and  occupation  charges,  the  appellants  will
continue to pay the same rent as has been fixed and  the  arrears,  if  any,
has to be cleared within one month  from  today.   In  case,  there  is  any
violation of the conditions of the  undertaking,  the  appellants  shall  be
visited with all consequences including the action for contempt of Court.
4.    Pending applications, if any, shall stand disposed of.
5.    There shall be no orders as to costs.

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


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MARCH 30, 2017.