VED PRAKASH ARYA @ RAMJEE & ANR. Vs. PANNA LAL & ORS

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

Appeal (Civil), 6908 of 2008, Judgment Date: Mar 22, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 6908 OF 2008


VED PRAKASH ARYA @ RAMJEE & ANR.                               Appellant(s)

                                    VERSUS

PANNA LAL & ORS.                                              Respondent(s)


                               J U D G M E N T

KURIAN, J.
1.     The  appellants,  who  are  the  tenants   under   the   respondents,
unsuccessful before the High Court, have filed this appeal.
2.    On 12.03.2004, notice was issued on the following terms :-
“Issue  notice  to  the  respondents  to  show  cause  as  to  why  all  the
proceedings be not set aside in view of the Uttar  Pradesh  Urban  Buildings
(Regulation of Letting, Rent & Eviction)  Act  No.  13  of  1972  being  not
applicable to trust property.
      Issue notice on interim relief.
      The possession of the petitioners over the suit property shall  remain
protected until further orders.”


3.     Having extensively heard the learned counsel for the parties,  we  do
not find that in the peculiar facts of this case, the above  question  needs
to be gone into.

4.    Faced with such a situation, the learned counsel  for  the  appellants
sought some time to vacate  the  premises.   The  civil  appeal  is,  hence,
dismissed, however, subject to the following :-
i)    The appellants are granted time upto 30.06.2018  to  surrender  vacant
and peaceful possession of the premises in question to the respondents.
ii)   The appellants shall  file  a  usual  undertaking  before  this  Court
within four weeks from today.
iii)  Towards use and occupation charges, the appellants shall  continue  to
remit the amount that is being remitted now.
      It is made clear that in case the undertaking is violated, apart  from
any other  steps,  the  appellants  shall  be  liable  for  proceedings  for
contempt before this Court.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      March 22, 2017.