D M BELGAMVALA Vs. TAMILNADU REAL ESTATES P LTD
LAWS(SC)-2010-11-82
SUPREME COURT OF INDIA
Decided on November 24,2010

D.M.BELGAMVALA Appellant
VERSUS
TAMILNADU REAL ESTATES (P) LTD. Respondents

JUDGEMENT

- (1.) This is a typical case of a litigant trying to take this Court for a ride.
(2.) In this case, the landlord had filed an eviction petition against the petitioner-tenant which had been decreed by the courts below, including the High Court. The eviction was granted on the ground that the building in question is more than 100 years old and needed demolition and fresh construction. The Special Leave Petition (C) No. 13704 of 2010 filed by the petitioner against the order of the High Court was dismissed by this Court by order dated 14.05.2010 and the petitioner (tenant) was granted six months time from 14.05.2010 to vacate the premises in question subject to filing usual undertaking before this Court. The petitioner had furnished the undertaking to vacate the premises in question as directed by this Court.
(3.) Despite this undertaking, the petitioner has not vacated, and instead he has filed this application on 12.11.2010 praying for a direction that the petitioner need not vacate the suit premises till the final orders passed in the Review Petition or in the alternative grant stay of dispossession of the petitioner from the suit premises.;


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