Supreme Court - Daily Orders
Haricharan Debnath vs Sri Mukunda Das Roy Chowdhury on 17 August, 2017
Bench: S.A. Bobde, L. Nageswara Rao
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ITEM NO.1 COURT NO.8 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).12740/2014
(Arising out of impugned final judgment and order dated 17-04-2014
in WPC No.393/2005 passed by the High Court Of Tripura)
HARICHARAN DEBNATH Petitioner(s)
VERSUS
SRI MUKUNDA DAS ROY CHOWDHURY Respondent(s)
(With appln.(s) for exemption from filing c/c of the impugned
order)
Date : 17-08-2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s) Ms. Vibha Dutta Makhija, Sr. Adv.
Mr. Aman Preet Singh Rahi, Adv.
For Mr. A. Venayagam Balan, AOR
For Respondent(s) Mr. K. V. Mohan, AOR
Mr. A.K. Yadav, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Having heard Ms. Vibha Dutta Makhija, learned Senior Counsel for the petitioner-tenant and Mr. K.V. Mohan, learned counsel for the respondent-landlord and upon perusal of the record, we are not inclined to interfere with the impugned order passed by the High Court which has rendered a clear finding about the bona fide need of the respondent-landlord, and has further observed that the Signature Not Verified petitioner-tenant would not suffer greater hardship in case he is Digitally signed by SANJAY KUMAR Date: 2017.08.17 16:17:06 IST Reason: ordered to be evicted from the premises in question. We are also of the opinion that the said findings of the court/s below are based 2 on cogent and reliable evidence. Hence, the special leave petition is dismissed.
However, having regard to the circumstances of the case, we consider it appropriate to direct that the petitioner-tenant shall vacate the premises in question and hand over its peaceful possession to the respondent-landlord within a period of one year from today, subject to filing usual undertaking in the Registry of this Court within a period of four weeks from today. As a sequel to the above, pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) BRANCH OFFICER