SHRIRAM GOVIND MATAPURKAR Vs. V S JAIN

JUDGEMENT

(1.) BY judgment and order dated April, 21, 1989 rule on this application was made absolute and six months time to vacate the suit premises was granted on the application of Shri Mandlik, the learned Counsel for the respondent-opponent subject to the opponent giving an undertaking in writing to the competent authority.

(2.) THE opponent filed appeal before the Supreme Court being Civil Appeal No. 2858 of 1989 arising out of S. L. P. (Civil) No. 7564 of 1989. Observing that the matter was covered by it earlier decision, the appeal was allowed by a short judgment dated June 19, 1989 reading as :

(3.) THE first question raised herein pertains to the scope of the above remand order. According to Shri Karkamkar, the learned Counsel for the applicant, the scope of the order of remand is limited. It is only to decide the question whether the applicants requirement for the suit premises is bona fide. Shri Dalvi, the learned Counsel for the opponent, submitted that the scope of remand order was not limited and it was open to this Court to dispose of the application on other issues as well in accordance with the law and on merits.