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SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
DAYA NAND – APPELLANT
VERSUS
VIRMO DEVI – RESPONDENT
CIVIL APPEAL NO.4631 OF 2009
Decided On : 23-03-2017
Eviction - Tenancy - Ownership - The court declined to interfere with the eviction order passed by the Rent Controller, considering the concurrent findings against the appellant and the fact that the appellant is reportedly bedridden and has been occupying the house since 1986. The appellant was granted time till 31.12.2019 to vacate the premises.
Fact of the Case:
The appellant-tenant challenged the judgment passed by the High Court declining to interfere with the eviction order passed by the Rent Controller.
Finding of the Court:
The court, after hearing the parties and considering the appellant's age and occupation of the house, declined to interfere with the impugned order and granted time till 31.12.2019 for eviction.
Issues: Ownership of the premises, appellant's occupation, and eviction order.
Ratio Decidendi: Concurrent findings against the appellant, appellant's age and occupation of the house, and the conditions imposed in the interim order influenced the court's decision.
Final Decision: The Civil Appeal is disposed of, and the appellant is granted time till 31.12.2019 to vacate the premises.
JUDGMENT
Kurian J.
1. The appellant-tenant has challenged the judgment passed by the High Court declining to interfere with the order passed by the Rent Controller, ordering eviction. The main contention of the appellant is that the respondent is not the owner of the premises.
2. However, having heard the learned counsel for the parties extensively and having regard to the concurrent findings against the appellant, we are not inclined to interfere with the impugned order passed by the High Court.
3. Taking note of the fact that the appellant is 78 years of age and is reportedly bed ridden and has been occupying this house since 1986, we are inclined to grant time till 31.12.2019, though the appellant prayed for three years. We order accordingly.
4. The appellant is directed to file a usual undertaking before this Court within a period of three weeks from today. He is also directed to comply with the conditions imposed in the interim order passed by this Court on 01.08.2008.
5. With the above observations and directions, the Civil Appeal is disposed of.
Pending application(s), if any, stands disposed of.
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