Supreme Court of India

Sanjay Kumar Vaish & Ors vs Rajendra Kumar Agarwal & Ors on 19 April, 2010

Supreme Court of India
Sanjay Kumar Vaish & Ors vs Rajendra Kumar Agarwal & Ors on 19 April, 2010
Bench: Deepak Verma, K.S. Radhakrishnan
                                 IN THE SUPREME COURT OF INDIA
                      CIVIL       APPELLATE JURISDICTION


                     CIVIL APPEAL NO. 3494           OF 2010
                  (Arising out of SLP(C) No.23135/2007)


SANJAY KUMAR VAISH AND ORS.                                 Appellant(s)
                           :VERSUS:
RAJENDRA KUMAR AGARWAL AND ORS.                             Respondent(s)




                                    O R D E R

Leave granted.

Heard the learned counsel appearing on behalf of the

parties.

After having gone through the impugned order passed by

the learned Single Judge of the High Court of Judicature at

Allahabad in Writ Petition No.91/RC/1995, we are of the

considered opinion that the said impugned order cannot be

sustained in law. The learned Single Judge committed an error

in its finding that notice was not properly served on the

tenants – respondents herein. More so when the postman was

examined who had categorically stated that notice was tendered

to the tenants but they refused. Refusal would make it to be

proper and deemed service.

-2-

We are, therefore, of the considered opinion that the

impugned order has to be set aside and we do so.

However, the learned counsel for the respondents prayed

for time to vacate the premises on the ground that there is

dearth of accommodation in the City of Lucknow and the

respondents are carrying on their business since long.

Upon the respondents’ filing usual undertaking in this

Court within four weeks from today and subject to payment of

all the arrears of rent together with monthly rent regularly,

we direct that the respondents shall hand over peaceful and

vacant possession of the premises to the appellant on or

before 31st December, 2010. If they fail to do so, the

appellant would be at liberty to execute the decree of

eviction forthwith.

The appeal stands disposed of accordingly.

…………………J
(DEEPAK VERMA)

…………………J
(K.S. RADHAKRISHNAN)

New Delhi;

April 19, 2010.