RAM GOPAL SARAF & ORS. Vs. THE MUNICPAL COMMR. CALCUTTA, & ORS.
LAWS(SC)-1986-2-23
SUPREME COURT OF INDIA
Decided on February 11,1986

Ram Gopal Saraf And Ors. Appellant
VERSUS
The Municpal Commr. Calcutta, And Ors. Respondents

JUDGEMENT

- (1.) The special leave petition is dismissed. the petitioners will vacate and surrender possession of the suit premises in dispute to the landlord-respondent for the purpose of demolition and re-construction of the entire building within a period of two weeks from today. the landlord will complete the reconstruction of the premises within a reasonable time.He undertakes that as soon as he completes the re-construction of the entire building a portion of the building more or less equivalent in area to that which was earlier in the occupation of the petitioners will be given to them on the terms which have already been agreed to between the landlord and most of the tenants, namely, at a rent of 80 paise per sq. ft. inclusive of the municipal taxes. The area to be allotted to the petitioners will suffer proportionate reduction in accordance with the reduction, if any, the total plinth area of the building for compliance with the Municipal Act and rules. Against those tenants who have not come to this Court the high Court's order will operate and it will be implemented forthwith.;


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