http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

CASE NO.: Special Leave Petition (civil)  8146 of 2007

PETITIONER: Santosh Kumar & Anr

RESPONDENT: Sarla Devi

DATE OF JUDGMENT: 06/02/2008

BENCH: Tarun Chatterjee & H.S.Bedi

JUDGMENT: JUDGMENT O R D E R

SPECIAL LEAVE PETITION ) No.8146 of 2007

This special leave petition is directed against the judgment  and final order dated 7th of December, 2006 passed by the High  Court of Judicature at Allahabad in Civil Misc. Writ Petition  No.65813 of 2006. On 17th of May, 2007, a limited notice was  issued. While issuing a limited notice on the special leave  petition, the following order was passed:-   "Learned senior counsel for the petitioners  submits that although the respondent-landlord  had offered two shops to the petitioner-tenants,  but that offer was refused by them. He submits  that the petitioners are now agreeable to accept  such offer and is ready to vacate the suit premises  subject thereto. Accordingly, we order issuance  notice limited to the question that whether the  offer of the respondent-landlord, which was not  accepted by the petitioners in the High Court and  is now acceptable to them, is still open for  acceptance. There will be ad interim stay of  dispossession till 15th July, 2007."

A reading of this order would show that in the High  Court the petitioners who are the tenants was offered by the  landlord-respondent two shops, but that offer was refused by  them. But in this Court, the petitioners are agreed to accept  such offer and is ready to vacate the premises in question,  subject to receiving possession in respect of two shops which  were offered to the petitioners before the High Court. The  learned counsel appearing on behalf of the respondent had  submitted before us that they shall hand over two shop  rooms,   namely,    Shop No. 6 & 7 Balaji Market, Main  Road, Tundla (U.P.)                                 to  the  petitioners  within a period of  two                          weeks from this date.  If possession of the aforesaid two shop rooms is delivered,  the appellant shall deliver possession of the tenanted suit  premises to the respondent within a month from the date of  taking over possession of two shop rooms from the  respondent by them. In the event, possession of two shop  rooms are not delivered or taken possession of, it will be  open to the respondent to execute the decree in accordance  with law and this special leave petition shall stand dismissed.  With the above direction, the special leave petition is  dismissed. No order as to costs.