Research › Browse › Judgment

Supreme Court of India · body

1988 DIGILAW 340 (SC)

S. D. Sharma v. Madame Fenovard

1988-04-21

M.N.VENKATACHALIAH, R.S.PATHAK, S.NATARAJAN

body1988
(1) SPECIAL leave granted. (2) AFTER hearing learned counsel for the parties, we modify the impugned order in the following terms: (3) THE appellant will hand over vacant and peaceful possession of the premises to the apondent within six months from today and will furnish an undertaking within three weeks from today in the usual terms that he will do so upon receiving possession, the respondent will undertake the demolition and reconstruction of the building, and will complete the said reconstruction within two years of receiving such possession. This order is being made subject to the futher condition that upon re-construction of the building, the respondent will occupy the recontructed building personally and should she not do so and she intends to let it out, the first offer must be made to the appellant who may occupy on a rent to be agreed upon between the parties failling which on market rent to be determined by Rent Controller. It is directed further that the contructed building will be used by the appellent consistently with the nature of user permitted by law. (4) THE appeal is disposed of accordingly. There is no order as to costs.