Supreme Court Of India

Haji Bibi Ismail V. Roshan Karai

Petition(s) for Special Leave to Appeal (Civil) No.18508/2000. 05-10-2001

JUDGMENT

Leave is granted.

The appellant is the tenant and the respondent is the landlady. She challenges the order of the High Court in Writ Petition No.2584 of 2000 dated 10th October, 2000. By the impugned order, the High Court declined to interfere with the order passed by the Division Bench of the Small Causes Court, Bombay, in Appeal No.53 of 1998 dated 24th February, 2000, which confirmed the order of eviction of the appellant passed by a learned Single Judge of the Court of the Small Causes at Bombay in R.A.E & R.Suit No.708/2505 of 1980 dated December 17, 1997.

A perusal of the judgments of the Small Causes Courts as well as the High Court shows that the pleas relating to default in payment of rent, acquisition of alternative accommodation by the tenant as well as non-use of the premises for more than six months, are concluded by findings of fact.

The High Court is, therefore, justified in not interfering with the impugned order. We do not find any reason to take a different view in the matter.

However, having heard the learned counsel for the parties and having regard to the circumstances of the case, we grant time to the appellant to vacate the premises till 31st of March, 2002. This is subject to filing a usual undertaking within three weeks from today.

Subject to above observations, the appeal is dismissed. No costs.

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