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SC Orders Tenant To Vacate Shop Nearly 40 Years After Landlord Moved To Court

Dhekle took the matter to court in the year 1978, however, only in the year 1981 an order was passed in the landlord's favour.

SC Orders Tenant To Vacate Shop Nearly 40 Years After Landlord Moved To Court
| FILE PHOTO/PTI
SC Orders Tenant To Vacate Shop Nearly 40 Years After Landlord Moved To Court
outlookindia.com
2017-04-16T12:02:12+05:30

When Anil Kumar Dhekle had rented his shop in 1958, little did he know that he is going to involve in a legal battle that will continue for nearly 40 years after the tenant took possession of his shop in Vadodara, Gujarat.

According to a report by The Times of India, Dhekle had rented out his shop in 1958 for a monthly rent of Rs 30. But the problem started in 1974 after the tenant stopped paying rent and refused to vacate the space.

Dhekle took the matter to court in the year 1978, however, only in the year 1981 an order was passed in the landlord's favour. But the district court set the order aside in 1983.

Subsequently, Dhekle moved the Gujarat high court the same year, which in 2003 upheld the district court's order and allowed the tenant to hold possession by paying monthly rent.

Now, the Supreme Court of India has directed the tenant to hand over the possession to the owner within two months.

While passing the order, a bench of justices Kurian Joseph and R banumathi said, " It is unfortunate that the appellant-landlord is litigating for more than four decades to get back possession of his own premises and, therefore, the respondent-tenants are directed to hand over vacant possession of the premises immediately," the TOI report added.

In 2011, the apex court had ruled the recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court.

A bench of justices Markandeya Katju and Gyan Sudha Mishra said that it was passing the extraordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country’s highest court.

(With inputs from PTI)

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