Civil Appeal No. 6451 of 2017 (Arising out of Special Leave Petition (C) No. 11707 of 2017). Case: Goel Roadways Vs Indira Lodging Pvt. Ltd.. Supreme Court

Issuing Organization:Supreme Court
Resolution Date:May 09, 2017
Party Name:Goel Roadways Vs Indira Lodging Pvt. Ltd.
Case:Civil Appeal No. 6451 of 2017 (Arising out of Special Leave Petition (C) No. 11707 of 2017)
Ley aplicable:Property Law
Judges:Kurian Joseph and R. Banumathi, JJ.
 
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Judgment:

Kurian Joseph, J.

  1. Leave granted.

  2. The Appellant is the tenant who has suffered the order regarding mesne profits to the tune of Rs. 60,000/- per month. When the matter came up before this Court, having heard the caveator also, a suggestion was put whether the Appellant is willing to surrender vacant possession so as to purchase peace, in which case, the landlord may not claim any mesne profits.

  3. Though reluctantly, the landlord has agreed to the proposal. The learned senior Counsel appearing for the Appellant, on instruction, submits that the vacant possession of the premises will be handed over on or before 14.05.2017 before 8.00 PM. The undertaking is recorded. We make it clear that in case the undertaking is violated, the Appellant shall be visited with all legal actions including contempt of court.

  4. In that view of the matter, the impugned order passed by the High Court is set aside. The revision filed by the Appellant is dismissed and order...

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