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1987 DIGILAW 73 (SC)

Bahadur Marfatia v. Sahzadi

1987-01-20

S.NATARAJAN, SABYASACHI MUKHARJEE

body1987
ORDER This is an appeal against eviction in respect of lease which is contended to be a permanent lease. This contention was not sustained by the courts below and the High Court. Having perused the lease, we are of the opinion that courts below and the High Court were right in coming to the conclusion that it was not a case of permanent lease. There were other grounds stated which were negatived by the High Court, which in our opinion, the High Court was right in the rejection of those grounds. We are of the opinion that justice of the case would be met if the order of the High Court is affirmed and eviction is given effect to, subject to certain modification in view of the facts that the appellants are running a cinema house in that place. We, therefore, dismiss this appeal and direct that the appellants will hand over vacant and peaceful possession of the premises on or before January 31, 1991, provided that the appellants go on paying rent of Rs 1000 per month from February 1, 1987 onwards. Further the appellants will give an undertaking in usual form that they will hand over vacant and peaceful possession on or before January 31, 1991 and they will not induct any other person in the said premises. Such undertaking will be given within eight weeks from today. The appellants will pay cost of this appeal assessed at Rs 2000. For Citation : 1987 (Supp) SCC 205.