Full Judgment Text
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CASE NO.:
Special Leave Petition (civil) 8146 of 2007
PETITIONER:
Santosh Kumar & Anr
RESPONDENT:
Sarla Devi
DATE OF JUDGMENT: 06/02/2008
BENCH:
Tarun Chatterjee & H.S.Bedi
JUDGMENT:
JUDGMENT
O R D E R
SPECIAL LEAVE PETITION ) No.8146 of 2007
This special leave petition is directed against the judgment
and final order dated 7th of December, 2006 passed by the High
Court of Judicature at Allahabad in Civil Misc. Writ Petition
No.65813 of 2006. On 17th of May, 2007, a limited notice was
issued. While issuing a limited notice on the special leave
petition, the following order was passed:-
"Learned senior counsel for the petitioners
submits that although the respondent-landlord
had offered two shops to the petitioner-tenants,
but that offer was refused by them. He submits
that the petitioners are now agreeable to accept
such offer and is ready to vacate the suit premises
subject thereto. Accordingly, we order issuance
notice limited to the question that whether the
offer of the respondent-landlord, which was not
accepted by the petitioners in the High Court and
is now acceptable to them, is still open for
acceptance. There will be ad interim stay of
dispossession till 15th July, 2007."
A reading of this order would show that in the High
Court the petitioners who are the tenants was offered by the
landlord-respondent two shops, but that offer was refused by
them. But in this Court, the petitioners are agreed to accept
such offer and is ready to vacate the premises in question,
subject to receiving possession in respect of two shops which
were offered to the petitioners before the High Court. The
learned counsel appearing on behalf of the respondent had
submitted before us that they shall hand over two shop
rooms, namely, Shop No. 6 & 7 Balaji Market, Main
Road, Tundla (U.P.) to the petitioners
within a period of two weeks from this date.
If possession of the aforesaid two shop rooms is delivered,
the appellant shall deliver possession of the tenanted suit
premises to the respondent within a month from the date of
taking over possession of two shop rooms from the
respondent by them. In the event, possession of two shop
rooms are not delivered or taken possession of, it will be
open to the respondent to execute the decree in accordance
with law and this special leave petition shall stand dismissed.
With the above direction, the special leave petition is
dismissed. No order as to costs.