Prem Wati Through Poa Shri Vinod Babu vs. Sunehari Lal

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2654 OF 2017 (Arising out of SLP (C) No.13107 of 2015)

PREM WATI THROUGH POA SHRI VINOD BABU Appellant(s)

VERSUS

SUNEHARI LAL Respondent(s)

O R D E R

Heard the learned counsel appearing for the parties.

Leave granted.

We have gone through the impugned order passed by the High Court and are of the considered view that the High Court was not justified in reversing the decree for eviction against the respondent herein by the Trial Court.

Accordingly, the Order of the High Court is set aside and the decree for eviction is restored.

However, the respondent is granted one year time to vacate the suit property subject to his filing usual undertaking in this Court within four weeks from today.

The appeal is allowed in the afore-stated terms.

...........................J. (ADARSH KUMAR GOEL)

..........................J. (UDAY UMESH LALIT)

NEW DELHI, FEBRUARY 10, 2017 S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.13107/2015 (Arising out of impugned final judgment and order dated 10/12/2014 in RP No. 618/2014 passed by the High Court of Judicature at Allahabad) PREM WATI THROUGH POA SHRI VINOD BABU Petitioner(s) VERSUS SUNEHARI LAL Respondent(s) (With office report) Date : 10/02/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Sanjay Kumar Tyagi, AOR Mr. Yogesh Pachauri, Adv. For Respondent(s) Mr. Bijendra Singh, Adv. Mr. Vinay Bajaj, Adv. Mr. Anil Kumar Gautam, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. Appeal is allowed in terms of the Signed Order. Pending application(s), if any, stands disposed of. (RASHI GUPTA) SR.P.A. (VEENA KHERA) COURT MASTER

ITEM NO.71 COURT NO.11 SECTION XI

[SIGNED ORDER IS PLACED ON THE FILE]