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Civil Property & InheritanceSupreme Court of India

Dhamendra Kumar Sharma v. Somendra Babu S/o Niranjan Lal (Since Deceased)

Civil Appeal · 2018 INSC 654Decided 31 Jul 2018
Civil Appeal No. 7396 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant, a shop tenant, challenged a 28 March 2018 order of the Allahabad High Court that had confirmed his eviction from the shop he occupied. During the Supreme Court proceedings, it emerged that the landlords (respondents) owned several other shops, including some in a complex still under construction, raising the possibility of accommodating the tenant elsewhere instead of a straightforward eviction.

Decision Breakdown

The Supreme Court directed the parties to explore whether the appellant could be accommodated in one of the landlords' other available shops, and the parties ultimately reached a settlement. The landlords agreed to let the appellant occupy an identified shop in the new complex once its construction was completed within three months, at a specially fixed rent of Rs. 10,000 per month (excluding maintenance) for three years, after which the appellant would hand over vacant possession unless otherwise agreed in writing. The appellant was given one month to vacate the original premises and was required to clear all arrears on the old shop before moving into the new one; both parties were directed to file written undertakings confirming these terms.

Lesson Learnt

In eviction disputes, courts can encourage parties to reach a practical, mutually workable settlement, such as relocating a tenant to alternative premises on agreed terms, rather than enforcing a strict and potentially disruptive eviction, especially where the landlord has the means to offer an alternative.

Dhamendra Kumar Sharma v. Somendra Babu S/o Niranjan Lal (Since Deceased) – Legal Case Shots | LegalAware