Supreme Court Of India

Brahmanand Sharma V. Suresh Chand & Another

Civil Appeal No. Of 2004 (Special Leave Petition (Civil) No. 15922 Of 2002). 16-04-2004

JUDGMENT

1. Leave granted.

2. A suit for eviction filed under Section 20 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 has been decreed by the Trial Court mainly on the ground of non-compliance with the mandatory provision contained in sub-Section (4) of Section 40 of the Act. The Trial Court has recorded a specific finding that the amount which was tendered by the appellant was not the full amount required to be tendered so as to amount to compliance with sub-Section (4) nor was it tendered on the first date of hearing. That finding has been upheld in revision, as also by the High Court, which dismissed the writ petition filed by the appellant under Article 226 of the Constitution.

3. We are not satisfied from the material available on record that the finding of fact so arrived at by the High Court and the two Courts below is erroneous in any manner whatsoever.

4. No case for interference with the impugned order is made out. The appeal is dismissed. However, the appellant is allowed three months' time from today for vacating the suit premises subject to filing the usual undertaking within a period of three weeks from today.

5.Interim order dated 13.9.2002 stands vacated.

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