International Society For Krishna Consciousness, Known As Iskcon v. Sulochana Potti
2018-08-09
KURIAN JOSEPH, SANJAY KISHAN KAUL
body2018
DigiLaw.ai
JUDGMENT Kurian, J. - The tenant is aggrieved by the order of eviction passed in the year 1993, on the ground of bonafide need. The High Court has rightly taken the view that the bonafide requirement still survived, in the facts of the case, after the death of the landlady. 2. We do not find any reason to interfere with the impugned order passed by the High Court. The appeal is, accordingly, dismissed. However, looking at the facts of the case, we grant time upto 31.07.2019 to surrender vacant and peaceful possession of the property in question, subject to filing the usual undertaking in this Court within a period of three weeks from today. 3. However, we make it clear that this Judgment shall not come in the way of the appellants negotiating with the respondents for outright purchase. 4. It shall be specifically stated in the undertaking that the appellants have cleared all the arrears and that they shall be paying the use and occupation charges for the future. 5. It will be open to the respondents to withdraw whatever money is deposited, along with accrued interest. The appellants shall furnish the details of the deposit to the respondents forthwith. 6. Pending interlocutory application(s), if any, is/are disposed of.