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Gopal Rai v. Meera Bai

Civil Appeal · 2018 INSC 176Decided 19 Feb 2018
Civil Appeal No. 2111 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

Gopal Rai, the tenant/occupant, appealed to the Supreme Court against a lower court's order relating to his continued occupation of certain premises belonging to Meera Bai. The matter reached the Supreme Court after earlier stages of litigation on possession/eviction had gone against the appellant.

Decision Breakdown

The Supreme Court found no reason to entertain the appeal and dismissed it, upholding the eviction order. However, considering the particular facts of the case, the Court granted the appellant time until 31 October 2018 to vacate the premises, conditional on his filing the usual undertaking in Court within two weeks. The Court also directed that, towards use and occupation charges, the appellant continue paying Rs. 2,000 per month to the respondent until he vacates.

Lesson Learnt

Even when the Supreme Court upholds an eviction and declines to interfere with the underlying order, it can still grant a short, conditional grace period to vacate (usually tied to filing an undertaking and paying occupation charges): a reminder that eviction orders often come with transitional relief rather than immediate dispossession.

Official source (sci.gov.in)View Judgment (PDF)

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