RAMSWAROOP Vs. CHARANJEET SINGH

JUDGEMENT

(1.) BY way of this intra-court appeal, the appellants - petitioners have beseeched to quash and set-aside the order dated 14.2.2012, whereby the learned Single Judge granted time upto 31st December, 2013 to the defendants-petitioners/appellants to hand over the vacant and peaceful possession of the property in question.

(2.) HAVING heard the learned counsel for the appellants and carefully perused the relevant material on record including the impugned orders, it is noticed that the plaintiff-respondents filed a suit for eviction against the petitioners-defendants (appellants) on the ground of reasonable and bonafide necessity and change of user and material alteration of the suit premises. The learned Rent Tribunal decreed the suit for eviction vide judgment and decree dated 8.12.2004. Thereafter, the petitioners-appellants preferred an appeal before the learned Rent Appellate Tribunal, which was dismissed vide judgment dated 21.9.2005. Being dissatisfied with the orders of the two courts below, the petitioners-appellants preferred S.B. Civil Writ Petition No. 9355/2006 which also stood dismissed by the Single Bench of this Court vide order dated 18.12.2006. The petitioners-appellants then preferred a D.B. Special Appeal (Writ) No. 72/2007, which was decided on 8.8.2007 and the matter was remanded to the learned Rent Tribunal.

(3.) THE same view was taken in two earlier decisions of the Hon'ble Apex court in the case of D. Pattabhiramaswamy V. Hanymayya reported in AIR 1959 SC 57 and Raruha Singh Versus Achal Singh reported in AIR 1961 SC 1097.