BOARD OF TRUSTEES BOMBAY PORT Vs. RAMNIKLAL

JUDGEMENT

(1.) In all these matters the trial Court while decreeing the suits inter alia for possession, unconditionally granted to the defendants time of more than six years to vacate the suit premises. It is against this granting of such an inordinately long time to vacate that the plaintiffs have preferred these writ petitions.

(2.) Now, though it would normally be in the discretion of the Court to grant reasonable time to vacate, grant of time of years and years together, as done here, can by no stretch be a reasonable exercise of that discretion. Indeed, it would be, and here it pre-eminently is, an arbitrary exercise of discretion and one which tends to defeat the ends of justice.

(3.) The grant of such inordinately long time in the instant matters is, I understand at the Bar, frequently set up as precedent in a number of subsequent matters before the trial Court. If that is so, it is most unfortunate and the earliest that is stopped, the better. By way of a general guideline, it may be observed that it would be reasonable to grant three or four months time in the Court's own discretion. However, if the defendant or occupant wants more time, the request and prayer in that behalf may then - in view of paucity of accommodation in Bombay - be considered to the extent of one year or, at the most, two years but that only if the defendant or occupant or both, as the case be, agree to minimum terms and conditions viz.,