BHANWARLAL JOSHI THROUGH LRS Vs. DASHRATH DEV

JUDGEMENT

(1.) Suit for eviction of a residential house filed by the plaintiff respondent was decreed by the Trial Court on the ground of bonafide necessity and denial of title vide judgment and decree dated 3.1.2004. The above judgment and decree passed by the Trial Court has further been affirmed by the Lower Appellate Court vide judgment and decree dated 28.1.2006.

(2.) After hearing Counsel for the parties, I have carefully gone through the material on record.

(3.) On the basis of concurrent findings of fact, since after due consideration proper discretion has already been used by both the Courts below, I find no ground for any further interference of this Court. more so, when no substantial question of law arises. The suit was filed in the year 1986 and the decree for eviction has been passed by the Trial Court on 3.1.2004. More than 21 years have lapsed. however, in the interest of justice, the defendant appellants will now vacate the suit premises on or before 1st September, 2008. However, they will continue to make the payment of rent as determined by the Courts below till vacation of the suit premises. An undertaking in this regard may be filed by the defendant appellants before the Trial Court within fifteen days. In case of violation of any conditions and that of undertaking, the plaintiff respondent shall be free to execute the decree passed by the Courts below in accordance with law.