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Ramesh Chand Vs. Smt. Dayawati Gupta - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1102 of 1978
Judge
Reported in(1982)1SCC414
ActsTransfer of Property Act, 1882 - Section 106; U.P. Civil Laws (Reforms and Amendment) Act, 1954
AppellantRamesh Chand
RespondentSmt. Dayawati Gupta
DispositionAppeal Dismissed
Excerpt:
.....in meerut, it would be difficult for the appellant to find alternative accommodation. if, however, the appellant fails to file the affidavit within the time aforesaid, the decree for eviction will become executable forthwith......court within one month from today all the arrears of rent and/or compensation due up to date and if he fails to do so, the decree for eviction will become executable immediately. the appellant will also continue to pay to the respondent from month to month future compensation at the rate equivalent to the original monthly rent on or before the 10th of each succeeding month.3. there will be no order as to costs of the appeal.
Judgment:

P.N. BHAGWATI, J.

1. The learned counsel for the appellant does not press the appeal in view of the fact that after the amendment of Section 106 of the Transfer of Property Act by the U.P. Civil Laws (Reforms and Amendment) Act, 1954, it is not possible for him to contend that the notice to quit dated April 7, 1969 given by the respondent to the appellant was invalid. This notice was clearly 30 days' notice terminating the tenancy of the appellant and requiring him to hand over possession of the premises to the respondent and in view of the amendment of Section 106 of the Transfer of Property Act, it was a valid notice. The appeal will, therefore, stand dismissed with no order as to costs.

2. The learned counsel for the appellant, however, prays that the appellant be given some time to vacate the premises since, having regard to the great shortage of accommodation in Meerut, it would be difficult for the appellant to find alternative accommodation. We, therefore, direct that if the appellant files an affidavit within two weeks from today stating that he alone is in possession and occupation of the premises and undertaking to this Court that he will not part with the possession or occupation of the premises in favour of any other person or induct anyone else in the premises and that he will hand over vacant and peaceful possession of the premises to the respondent on or before August 31, 1981, the decree for eviction will not be executed until then. If, however, the appellant fails to file the affidavit within the time aforesaid, the decree for eviction will become executable forthwith. We further direct that the appellant will pay to the respondent or deposit in the trial court within one month from today all the arrears of rent and/or compensation due up to date and if he fails to do so, the decree for eviction will become executable immediately. The appellant will also continue to pay to the respondent from month to month future compensation at the rate equivalent to the original monthly rent on or before the 10th of each succeeding month.

3. There will be no order as to costs of the appeal.


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