K V SACHDEVA Vs. Y M SEHGAL

JUDGEMENT

(1.) Having heard the learned counsel for the parties we do not think this is a fit case for our interference and hence this special leave petition is dismissed. However as the question of grant of time to vacate the suit premises is left to us by counsel of both the sides we deem it fit to grant time to the petitioner to vacate the premises in view of the peculiar facts and circumstances of this case upto 31. 01.2001 on the petitioner filing the usual undertaking in this court within four weeks from today. In the meantime from 1/12/1999 till the petitioner vacates the premises the petitioner will pay to the respondent - landlord monthly rent of rs. 2,000. 00.

(2.) If any terms of the undertaking is breached or the monthly payment as aforesaid is not made or if the undertaking is not filed within the aforesaid period then the extension of time to vacate the suit premises shall stand withdrawn automatically. It is also directed that within the period of three years from the date of obtaining possession the respondent will not let out the premises to anyone else nor shall he dispose of the premises. If he does so he shall give first preference to the petitioner to purchase the premises at the then prevailing market price.

(3.) It is obvious that as the special leave petition is being rejected as aforesaid, and only time to vacate is granted by consent, all findings reached on facts by the courts below will remain confirmed.