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Himachal Pradesh High Court

M/S Deepak Boot House & Anr. vs . Dr. Piyare Lal Sood on 1 September, 2023

Author: Mamidanna Satya Ratna Sri Ramachandra Rao

Bench: Mamidanna Satya Ratna Sri Ramachandra Rao

M/s Deepak Boot House & Anr. vs. Dr. Piyare Lal Sood .

RSA No.260 of 2018 01.09.2023 Present: Mr. Vikrant Thakur, Advocate, for the appellants.

Mr. Amit Sharma, Mr. Ajay Sharma & Mr. Jeevesh Sharma, Advocates, for the respondent.

of Perused the counter filed by the respondent to the show-cause notice issued by this Court as to why contempt rt proceedings should not be initiated against him for wilful disobedience of the order dt.09.02.2015 in SLP(C) no.5832 of 2014, since he did not admittedly enter into any agreement with the applicant as contained in the said order, though more than eight years have elapsed since the passing of the order.

Counsel for the respondent states that as per the said order, such agreement with the tenant is to be entered into only after the reconstruction is done.

I do not agree with such interpretation of the order passed by the Supreme Court, since the Supreme Court did not postpone the execution of the agreement until reconstruction is done by the landlord and the order has to be understood to prima facie mean that after the reconstruction is done by the landlord, the tenant should have the option of re-entry.

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Therefore, issue notice in Form-1.

.

List on 6th October, 2023.

(M.S. Ramachandra Rao) September 01, 2023 Chief Justice (Yashwant) of rt ::: Downloaded on - 02/09/2023 20:36:31 :::CIS