Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Jaswant Singh Kakar (D) Thr. Lrs vs Gurucharan Singh Kakar on 15 December, 2014

Bench: V. Gopala Gowda, C. Nagappan

                                                   1

  ITEM NO.49                              COURT NO.12                    SECTION XIV

                               S U P R E M E C O U R T O F        I N D I A
                                       RECORD OF PROCEEDINGS

  Petition(s) for Special Leave to Appeal (C)                    No(s).    33020/2014

  (Arising out of impugned final judgment and order dated 25/08/2014
  in RFA No. 26/2014 passed by the High Court of Delhi at N. Delhi)

  JASWANT SINGH KAKAR (D) THR. LRS                                       Petitioner(s)

                                                  VERSUS

  GURUCHARAN SINGH KAKAR                                                 Respondent(s)

  Date : 15/12/2014 This petition was called on for hearing today.

  CORAM :
                         HON'BLE MR. JUSTICE V. GOPALA GOWDA
                         HON'BLE MR. JUSTICE C. NAGAPPAN

  For Petitioner(s)                 Mr. Lalit Bhardwaj, Adv.
                                    Mr. M.K. Malhotra, Adv.
                                    Mr. Satish Vig,Adv.

  For Respondent(s)                 Mr. Suman Kapoor, Adv.
                                    Mr. Rajeev Singh, Adv.
                                    Mr. Prakash Kumar Singh,      Adv.


                          UPON hearing the counsel the Court made the following
                                             O R D E R

Heard learned counsel for the parties.

No ground for interference is made out to exercise our jurisdiction under Article 136 of the Constitution of India.

The special leave petition is dismissed. However, having regard to the facts and circumstances of the case, one year time is granted to the petitioners (tenants) to deliver the vacant and peaceful possession of the premises in question on filing the usual undertaking within a period of four weeks' Signature Not Verified Digitally signed by Sushil Kumar Rakheja from today.

Further, the premises is of three storeyed building. Having regard to the locality of the premises and time granted  2 to the petitioners, it would be just and proper for this Court to fix the occupation charges at Rs. 15,000/- per month from this month i.e. December, 2014 onwards till the vacation of the premises. In case of default, the vacation order shall be executed against the petitioners. The respondent is representing thorough an Attorney. The rent may be paid to him which is acceptable to the respondent's counsel.

 (S. K. RAKHEJA)                            (MALA KUMARI SHARMA)
   COURT MASTER                                 COURT MASTER