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Amar Nath Roy & Others vs Arun Kumar Kedia & Another

Supreme Court Of India|13 May, 2011
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JUDGMENT / ORDER

Summary

Issue: Eviction of the tenant from the premises
Rule: Indian Contract Act, 1872 and Transfer of Property Act, 1882
Application: Tenant directed to vacate the premises forthwith by police force
Conclusion: Tenant loses right to occupy the premises, landlord regains possession
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CONTEMPT PETITION(C) NO.139/2011 IN CIVIL APPEAL NO. 2663 OF 2004 Amar Nath Roy & Others ..Petitioners versus Arun Kumar Kedia & Another ..Respondents O R D E R Heard learned counsel for the parties.
In this case, the tenant's appeal being Civil Appeal No. 2663 of 2004 was dismissed by this Court by our order dated November 04, 2009 and we gave the tenant nine months' time from that date to vacate the premises in question. Review Petition filed by the tenant was also dismissed on March 25, 2010.
We are informed that the tenant has not vacated the premises in question. Hence, this contempt petition.
Accordingly, we direct that the tenant-Anderson Wright & Co. shall be evicted from 7, Red Cross Place, P.S. Hare Street, Kolkata-700 001 forthwith by police force.
The Contempt Petition is disposed of.
. J.
[MARKANDEY KATJU] NEW DELHI; J.
MAY 13, 2011 [GYAN SUDHA MISRA] JUL)GMl-:N··1
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Title

Amar Nath Roy & Others vs Arun Kumar Kedia & Another

Court

Supreme Court Of India

JudgmentDate
13 May, 2011
Judges
  • Markandey Katju
  • Gyan Sudha Misra