IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6427 OF 2008 (Arising out of S.L.P. (C) No.18294 OF 2006)

Santosh Kumari Singh      ...Appellant(s)

Versus

Shakuntala Devi and Ors.     ...Respondent(s)

O  R  D  E  R

Heard learned counsel for both the sides.

Leave granted.

In view of the fact that the writ petition is still pending before the High

Court of Allahabad,  we are not inclined to discuss all  the details  of the parties as

placed before this Court.  However, it is the case of the second respondent-Kanpur

Development Authority (for short, `the Authority') that the first respondent herein-

writ petitioner before the High Court, has not paid all the instalments within the time

prescribed and, according to the counsel for the Authority, possession was not handed

over to her.  On the other hand, it is the stand of the Authority that the appellant

herein-Respondent  No.3  before  the  High  Court  has  paid  the  entire  amount  and

possession was handed over to her  by   executing  lease  deed  on  11th  August,  2005.

Though

...2/-

- 2 -  

learned counsel for Respondent No.1 submitted that she has paid substantial amount,

in view of the assertion made by Respondent No.2-Authority, we are of the view that

it is for the High Court to consider, while hearing the writ petition. Taking note of the

fact that the appellant herein-Respondent No.3 before the High Court paid the entire

amount and proper lease deed was also executed,  we are satisfied that the positive

direction issued by the High Court directing Respondent Nos.1 and 2 therein that

possession be delivered to the writ petitioner, cannot be sustained.  The said direction

is hereby set aside.

In view of the stand taken by the Authority, as mentioned above and as

noted  in  their  counter  affidavit,  first  respondent  herein,  i.e.,  Shakuntala  Devi,  is

directed to hand over possession to the appellant, namely, Santosh Kumari Singh-

Respondent No.3 in the writ petition, within a period of eight weeks.

We  request  the  High  Court  to  dispose  of  the  main  writ  petition

uninfluenced by any of the observations made by us within a period of one year from

the date of receipt of copy of this order.

The civil appeal is, accordingly, disposed of.

......................J.       [P. SATHASIVAM]

......................J.       [G.S. SINGHVI]

New Delhi, November 03, 2008.