D.A.DESAI, V.BALAKRISHNA ERADI
Shanti Sarup Gupta – Appellant
Versus
Anjuman Isnai Ashria – Respondent
JUDGMENT
ORDER:— Anjuman Isnai Ashria, a society registered under the Societies Registration Act filed a suit against one Shanti Sarup Gupta in the Court. of the Senior Sub-Judge, Delhi, for possession of property particularly demarcated in red colour in the map annexed to the plaint. This suit ended in a decree. By the decree defendant had to handover vacant and peaceful possession of the property. He was, however, entitled to demolish the superstructure raised by him on the suit property. Defendant preferred an appeal in the District Court which came to be dismissed on April 3, 1979. The second appeal preferred by the defendant was dismissed by the High Court of Delhi in limine. Thereupon the defendant approached this Court under Art. 136 of the Constitution. The Vacation Judge of this Court made the following order :
"Special leave petition refused. But by consent of parties, petitioner is granted time for two years, i.e. up to 31st May, 1981, to vacate and handover premises on his filing undertaking on an affidavit by tomorrow that he would give peaceful and vacant possession of the premises to the respondent on or before 31st May, 1981, and during this period he would not induc
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