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Hari Singh Vs. Madan Lal and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Case NumberCivil Miscellaneous Petition No. 9027 of 1980 [in Review Petition No. 177 of 1980]
Judge
Reported in(1982)2SCC111
AppellantHari Singh
RespondentMadan Lal and anr.
Excerpt:
- [ e.s. venkataramiah; r.s. pathak, jj.] -- rent control and eviction — petitioner granted time for vacation of the premises subject to filing an undertaking -- the compensation for the subsequent period up to september 30, 1980 will be paid on or before september 30, 1980. the petitioner shall vacate the premises voluntarily by september 30, 1980 and hand over peacefully such vacant possession to respondent 2. the petitioner will not induct any person into the premises nor alienate or transfer the property to any person during the period ending september 30, 1980......in possession of the premises until september 30, 1980 provided he files an undertaking within a week from today incorporating the following conditions:1. the petitioner will within two weeks from today pay the arrears of rent, if any, and the compensation due for the use and occupation of the premises for the period ending july 31, 1980. the compensation for the subsequent period up to september 30, 1980 will be paid on or before september 30, 19802. the petitioner shall vacate the premises voluntarily by september 30, 1980 and hand over peacefully such vacant possession to respondent 2.3. the petitioner will not induct any person into the premises nor alienate or transfer the property to any person during the period ending september 30, 1980.2. in case the undertaking is not.....
Judgment:

E.S. Venkataramiah; R.S. Pathak, JJ.

1. On the application made by the petitioner and after hearing learned counsel for the parties, we make an order permitting the petitioner to continue in possession of the premises until September 30, 1980 provided he files an undertaking within a week from today incorporating the following conditions:

1. The petitioner will within two weeks from today pay the arrears of rent, if any, and the compensation due for the use and occupation of the premises for the period ending July 31, 1980. The compensation for the subsequent period up to September 30, 1980 will be paid on or before September 30, 1980

2. The petitioner shall vacate the premises voluntarily by September 30, 1980 and hand over peacefully such vacant possession to Respondent 2.

3. The petitioner will not induct any person into the premises nor alienate or transfer the property to any person during the period ending September 30, 1980.

2. In case the undertaking is not furnished within one week from today or if there is a violation by the petitioner of any of the conditions mentioned above, he shall be evicted forthwith from the said premises.

3. The aforesaid Order will not operate in case possession of the premises has already been taken over by Respondent 2.


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