Full Judgment Text
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CASE NO.:
Appeal (civil) 6677 of 2002
PETITIONER:
VIRENDRA KUMAR SAHU
RESPONDENT:
RAM CHANDRA YADAV & ANR
DATE OF JUDGMENT: 30/04/2008
BENCH:
H.K. SEMA & MARKAANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 6677 OF 2002
Heard the parties.
The order impugned passed by the High Court arises out of the order
passed by the Trial Court under the provision of Order XXXIX and Rule 1
and 2.
The whole dispute relates to the agreement entered into between the
appellant (tenant) and the respondent (landlord) on 8.6.2001. In the said
agreement it is specifically provided as under:
"Whereas the aforesaid owners/landlords have offered to
let out a portion of first floor area (approximate) 17’x35’
with minimum height 12’ for the purpose of carrying
business by aforesaid tenant Virendra Kumar Sahu and
the aforesaid tenant has agreed to take on rent portion on
the first floor (approximate) 17’x35’ with minimum height
12’ for carrying business in the said portion on the terms
and condition hereinafter mentioned."
-2-
Since there is an agreement entered into between the landlord and tenant
we are of the view that the terms of agreement should be strictly adhered
to by both the parties. We accordingly dispose of this appeal with the
direction that the parties should strictly adhere to the conditions
contained in the agreement dated 8.6.2001. We, therefore, direct the Trial
Court to appoint a local Advocate (Commissioner) to go to the disputed
building and deliver possession to the tenant in terms of the aforesaid
agreement. The remuneration of the Commissioner shall be fixed by the
Trial Court.
The order impugned passed by the High Court is accordingly set aside.
In view of our aforesaid direction the suit shall stand closed.
The appeal is accordingly disposed of.