VARUN KUMAR GUPTA Vs. OM PRAKASH

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

Appeal (Civil), 3420-3421 of 2011, Judgment Date: Feb 14, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                     CIVIL APPEAL NO(S).  3420-3421/2011


VARUN KUMAR GUPTA                                              APPELLANT(S)

                                VERSUS


OM PRAKASH                                                    RESPONDENT(S)


                               J U D G M E N T

KURIAN, J.

      The appellant/landlord  is  aggrieved  by  the  impugned  order  dated
27.04.2010 in the matter of eviction.  Though several contentions are  taken
by the parties, on a suggestion made by the Court, it is heartening to  note
that the appellant/landlord has graciously agreed to  provide  a  reasonable
time to the respondent/tenant for surrendering vacant possession.
2.    Having regard to the factual matrix of the case, we are  of  the  view
that overall justice would be served in case the respondent/tenant is  given
time to vacate up to 31.12.2020.
3.    Accordingly, these appeals are disposed of as follows:
       The  respondent/tenant  shall  surrender  vacant  possession  of  the
premises on or before 31.12.2020.  He shall  also  file  an  undertaking  to
that effect in the Registry of this Court within three  months  from  today.
During  the  said  period  the  respondent/tenant  will  continue  to  remit
Rs.1102/- per month, all inclusive.
4.    Pending application(s), if any, shall stand disposed of.
5.    There shall be no orders as to costs.


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


                                                   .......................J.
                                                           [A.M. KHANWILKAR]
      NEW DELHI;
      FEBRUARY 14, 2017.