Supreme CourtDivision Bench

Suresh Thakar vs Dr. Aditya Parakh

Supreme Court Of India · Decided on 30 March 2017 · Citation: (2017) 5 Scale 430

HON’BLE JUDGES
Kurian Joseph, J · R. Banumathi, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 133
RESULT
Disposed Of
CASE NUMBER
Civil Appeal Nos. 4403 of 2017
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Judgment

5 paragraphs · 203 words

Kurian, J.—On the question of law, as to whether the State of Chhattisgarh could have enacted a law providing for an appeal straight to this Court, bypassing the High Court of the State, we are not inclined to go into that question in the peculiar facts of these cases. Findings are concurrent against the appellants. It is also not in serious dispute that there is wilful default in payment of rent.

2.

In that view of the matter, these appeals are dismissed leaving the question of law open.

3.

On the request of the learned counsel for the appellants, the appellants are granted time to vacate till 31.10.2017 on a condition that the appellants will file usual undertaking before this Court within a month from today. Towards use and occupation charges, the appellants will continue to pay the same rent as has been fixed and the arrears, if any, has to be cleared within one month from today. In case, there is any violation of the conditions of the undertaking, the appellants shall be visited with all consequences including the action for contempt of Court.

4.

Pending applications, if any, shall stand disposed of.

5.

There shall be no orders as to costs.