M/S PURI INVESTMENTSversusM/S YOUNG FRIENDS AND CO. & ORS.

280                      [2022]REPORTS
               SUPREME COURT    9 S.C.R. 280               [2022] 9 S.C.R.


A                         M/S PURI INVESTMENTS
                                        v.
                  M/S YOUNG FRIENDS AND CO. & ORS.
                         (Civil Appeal No. 1609 of 2022)
B                            FEBRUARY 23, 2022
             [VINEET SARAN AND ANIRUDDHA BOSE, JJ.]
             Constitution of India: Art.227 – Supervisory control by High
      Court – Eviction petition filed u/s.14 of Delhi Rent Control, 1958
      on the ground that tenanted premises was sub-let to three medical
C
      practitioners without consent of landlord – Rent Controller dismissed
      the petition – Appellate Tribunal reversed the decision of the Rent
      controller and ordered eviction – Tenants invoked provisions of
      Art.227 before the High Court – High Court upset the order of
      eviction passed by the appellate tribunal – On appeal, Held: Whether
D     the decision of High Court in upsetting order of eviction passed by
      Appellate Tribunal suffered from any element of perversity or not –
      High Court has restrictive nature of jurisdiction u/Art.227 – There
      are three situations as to when a finding on facts or questions of
      law would be perverse (a) Erroneous on account of non-
      consideration of material evidence, or (b) Being conclusions which
E
      are contrary to the evidence, or (c) Based on inferences that are
      impermissible in law – There was overstepping of this boundary by
      the supervisory Court – High Court had gone deep into the factual
      arena to disagree with the fact finding forum – There is no dispute
      that the three medical practitioners were in occupation of part of
F     the premises in question – The onus was on the tenants to establish
      the degree of control they were maintaining over the said premises
      for repelling the plea of sub-letting – Many factors were considered
      by the Appellate Tribunal on the basis of which its decision was
      against the tenants – Hence, there was no perversity on the basis of
      which High Court could have interfered – High Court tested the
G
      legality of the order of the Tribunal through the lens of an appellate
      body and not as a supervisory Court u/Art. 227 which is
      impermissible – High Court judgment set aside – Appellate Tribunal’s
      finding restored – Delhi Rent Control, 1958 – s.14(1)(b).

H
                                       280
                 M/S PURI INVESTMENTS v.                                281
            M/S YOUNG FRIENDS AND CO. & ORS.

      Allowing the appeal, the Court                                    A
       HELD: 1. The High Court in exercise of its jurisdiction
under Article 227 of the Constitution of India in the judgment
under appeal had gone deep into the factual arena to disagree
with the final fact-finding forum. There is no dispute that the three
medical practitioners were in occupation of part of the premises        B
in question. The onus, under such circumstances, was on the
respondents to establish the degree of control they were
maintaining over the said premises for repelling the plea of sub-
letting or assignment or parting with possession. From the
passage of the judgment of this Court in the case of Bharat Sales
Ltd., it transpires that it was also the respondents’ obligation to     C
demonstrate that there was no monetary consideration on the
basis of which the medical practitioners were allowed to operate
from the subject premises. Though, it was a chemist shop,
evidence reveals that the portion of the premises of which the
three medical practitioners were in occupation consisted of             D
individual cabins and had separate telephone connections. These
are the factors, on the basis of which, the Appellate Tribunal came
to its conclusion against the respondents. [Para 12][289-D-F]
      2. There was no perversity in the order of the Appellate
Tribunal on the basis of which the High Court could have                E
interfered. The High Court tested the legality of the order of the
Tribunal through the lens of an appellate body and not as a
supervisory Court in adjudicating the application under Article
227 of the Constitution of India. This is impermissible. The finding
of the High Court that the appellate forum’s decision was
perverse and the manner in which such finding was arrived at            F
was itself perverse. [Para 13][291-E-F]
      Ram Murti Devi v. Pushpa Devi & Ors. (2017) 15 SCC
      230 : [2017] 7 SCR 872; Flora Elias Nahoum & Ors.
      v. Idrish Ali Laskar (2018) 2 SCC 485 : [2018]
      1 SCR 272; Bharat Sales Ltd. v. Life Insurance                    G
      Corporation of India (1998) 3 SCC 1 : [1998] 1 SCR
      711 – relied on.



                                                                        H
282            SUPREME COURT REPORTS                      [2022] 9 S.C.R.


A           Celina Coelho Pereira (Ms) & Ors. v. Ulhas
            Mahabaleshwar Kholkar & Ors. (2010) 1 SCC 217 :
            [2009] 15 SCR 558; Smt. Rajbir Kaur & Anr. v. S
            Chokesiri & Co. (1989) 1 SCC 19 : [1988] 2 Suppl.
            SCR 310; Chimajirao Kanhojirao Shirke & Anr. v.
            Oriental Fire & General Insurance Co. Ltd. (2000) 6
B
            SCC 622 : [2000] 1 Suppl. SCR 696; Dipak Banerjee
            v. Lilabati Chakraborty (1987) 4 SCC 161 : [1987] 3
            SCR 680; Jagan Nath v. Chander Bhan & Ors. (1988)
            3 SCC 57 : [1988] 1 Suppl. SCR 325; Shalimar Tar
            Products Ltd. v. H. C. Sharma & Ors. (1988) 1 SCC 70
C           : [1988] 1 SCR 1023 – referred to.
                            Case Law Reference
      [2018] 1 SCR 272                relied on              Para 7
      [2009] 15 SCR 558               referred to            Para 7
D     [1998] 1 SCR 711                relied on              Para 7
      [1988] 2 Suppl. SCR 310        referred to             Para 7
      [2000] 1 Suppl. SCR 696        referred to             Para 7
      [1987] 3 SCR 680                referred to            Para 7
E     [1988] 1 Suppl. SCR 325        referred to             Para 7
      [1988] 1 SCR 1023               referred to            Para 7
      [2017] 7 SCR 872                relied on              Para 7
            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1609
F     of 2022.
            From the Judgment and Order dated 14.11.2018 of the High Court
      of Delhi at New Delhi in CM(M) No. 292 of 2009.
            Dhruv Mehta, Sr. Adv., Jeevesh Nagrath, Gagan Gupta, Rajat
      Navet, Advs. for the Appellant.
G
            Hetu Arora Sethi, Adv. for the Respondents.




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                  M/S PURI INVESTMENTS v.                                       283
             M/S YOUNG FRIENDS AND CO. & ORS.

      The following Judgment of the Court was passed :                          A
                              JUDGMENT
      Leave granted.
       2. The appellant, as the landlord, is the original applicant in an
eviction proceeding instituted under Section 14 of the Delhi Rent Control       B
Act, 1958 (hereinafter referred to as “the Act”) seeking recovery of
possession of a shop room located at Connaught Place in the central
part of Delhi. The eviction proceeding was instituted in the year 1974.
We shall henceforth refer to the shop room as “subject-premises”. In
that proceeding instituted before the Rent Controller, Delhi, altogether
three individuals and three firms were originally impleaded as respondents.     C
In this appeal, however, only three respondents have been impleaded,
being the firm-Young Friends & Co. and two individuals – Ashu Mohan
Gupta and Shashi Gupta. They have been described as contesting
respondents. On that count, however, no controversy has been raised
before us. The appellant admittedly is the landlord of the subject-premises.    D
This was rented out to the then proprietor (since deceased) of the first
respondent in the year 1936. The appellant became the landlord thereof
on having purchased the subject-premises from its erstwhile owner in
the year 1958. The main ground on which eviction was asked for was
sub-letting without consent of the landlord.
                                                                                E
       3. The respondents run a retail outlet from the subject- premises
and at the material point of time, the respondents were operating from
there a chemist shop. The substance of allegations of the landlord was
that the respondents had sub-let certain portions of the premises to three
medical practitioners, (including one dentist) and two other firms. They
were included as respondent nos. 2, 3, 4, 5 and 6 in the eviction               F
application. By an order passed on 5th June, 1997, the Additional Rent
Controller, Delhi dismissed the petition holding that the appellant had
failed to show that there was any sub-letting, assignment or parting with
possession of the tenanted premises in favour of persons/entities who
were included in the array of respondents. So far as respondent no.5            G
(Young Friends & Co.) is concerned, finding was that it was an entity of
the respondent tenant only. As regards the sixth respondent in the eviction
petition, the Rent Controller held that no sub-letting, assignment or parting
with possession of any portion of the subject-premises. Respondent no.
6 was found to be occupying a public verandah outside the tenanted
                                                                                H
284             SUPREME COURT REPORTS                           [2022] 9 S.C.R.


A     premises. The appellant’s plea for eviction was founded on certain other
      grounds as well, but those grounds also could not be established before
      the Rent Controller. It was held by the said forum that the respondent
      nos. 2 to 4 were not in exclusive possession of the subject- premises.
             4. The Appellate Tribunal, however, reversed the decision of the
B     authority of the first instance, and passed an order of eviction on the
      ground of sub-letting. The Tribunal tested the appellant’s case on the
      basis of allegations pertaining to sub- letting to the three medical
      practitioners. The Tribunal accepted the appellant’s stand that the facts
      of the case disclosed sub- letting of the subject-premises in favour of
      respondent nos. 2 (Dr. Pradip Jayna), 3 (Dr. S. S. Pant) and 4 (Shri K.
C     N. Mehta). We find from the judgment under appeal that the landlord
      had pressed the petition on account of respondent nos. 2, 3 and 4 having
      been inducted as sub-tenants without the consent in writing by the landlord.
             5. The respondents, thus, invoked the provisions of Article 227 of
      the Constitution of India before the Delhi High Court assailing the order
D     of the Tribunal. The respondents were successful in that proceedings.
      The High Court, in the judgment delivered on 14th November, 2018
      allowed the application under Article 227 of the Constitution of India,
      inter alia, holding:-
            “51. The prime conclusion of ARCT that the user of the space by
E           R-2 to R-4 during the period they were in their respective clinic
            renders it they being in “exclusive possession” is not supported
            by any evidence, it being a conclusion based on surmises. As
            observed earlier, in the proceedings before the ARC, the landlord
            resting its case primarily on the evidence of its managing partner
F           (AW-3) had failed to adduce such material, as could show a third
            party being in possession to the exclusion of the tenant. On the
            contrary, the evidence of the landlord, as indeed of the tenant,
            unmistakably show that the tenant has always been in full control
            and possession-physical and legal-of the tenanted premises. The
            presence of others was temporary, for a few hours of the day
G           when the tenant would also be present, and clearly for permissive
            use, it having come to an end, such persons having left the premises
            on their own when called upon to do so by the tenant.
            52. The view taken by the ARCT, clearly, was erroneous, it being
            based on conclusions which are contrary to the evidence that was
H
                  M/S PURI INVESTMENTS v.                                        285
             M/S YOUNG FRIENDS AND CO. & ORS.

       adduced, and by drawing inferences which were not permissible             A
       in law, the appellate power having been improperly exercised for
       substituting one subjective satisfaction with another without there
       being a justifiable reason to do so.
       53. Consequently, the petition is allowed. The impugned judgment
       dated 29.08.2007 of the Additional Rent Control Tribunal is set           B
       aside. The judgment dated 05.06.1997 of the Additional Rent
       Controller stands restored and revived. In the result, the eviction
       case of the respondent stands dismissed.”
       6. This judgment of the High Court is under appeal before us.
Main argument of Mr. Dhruv Mehta, learned senior counsel appearing               C
with Mr. Jeevesh Nagrath, learned counsel appearing for the appellant
has been that sub-letting had been proved before the final fact-finding
forum (at the appellate stage) and the appellate forum had returned
findings on facts. In such circumstances, the High Court in its supervisory
jurisdiction ought not to have had upset the order of the Appellate
Tribunal.                                                                        D

       7. The legal point, which has been argued before us, is as to whether
the act of the respondents in inducting the three medical practitioners
constituted sub-letting or not. This point, no doubt, has to be determined
on the basis of evidence adduced before the fact-finding forum. The
dispute involved in this appeal does not give rise to any complex legal          E
question. Thus, in exercise of our jurisdiction under Article 136 of the
Constitution of India, scope of our interference would be limited to the
issue as to whether the decision of the High Court in upsetting the order
of eviction passed by the Appellate Tribunal suffered from any element
of perversity or not. It has been urged before us on behalf of the appellant     F
that the High Court ought not to have interfered in the matter as the
order of the Appellate Tribunal was based on appreciation of evidence
and bore no taint of perversity which would have warranted interference
under Article 227 of the Constitution of India. Several authorities have
been relied upon before us by the learned counsel appearing for the
parties. These authorities mainly deal with the nature and scope of              G
occupation in a rented property of persons not being tenant but inducted
by the latter which would attract the mischief of sub-letting. These
authorities relate to specific instances of induction of persons by the tenant
based on the facts of each case. The appellant has cited the cases of:-
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286                SUPREME COURT REPORTS                      [2022] 9 S.C.R.


A           (i)      Flora Elias Nahoum & Ors. v. Idrish Ali Laskar
                     [(2018) 2 SCC 485]
            (ii)     Celina Coelho Pereira (Ms) & Ors. v. Ulhas
                     Mahabaleshwar Kholkar & Ors. [(2010) 1 SCC 217]
            (iii)    Bharat Sales Ltd. v. Life Insurance Corporation of
B                    India [(1998) 3 SCC 1]
            (iv)     Smt. Rajbir Kaur & Anr. v. S Chokesiri & Co.
                     [(1989) 1 SCC 19]
            (v)      Chimajirao Kanhojirao Shirke & Anr. v. Oriental Fire
C                    & General Insurance Co. Ltd. [(2000) 6 SCC 622].
             Mr. Rana Mukherjee, learned senior counsel for the respondents,
      on the other hand, has cited the following authorities including the case
      of Flora Elias Nahoum (supra). These cases are:-
            (i)      Dipak Banerjee v. Lilabati Chakraborty [(1987) 4 SCC
D                    161]
            (ii)     Jagan Nath v. Chander Bhan & Ors. [(1988) 3 SCC
                     57]
            (iii)    Shalimar Tar Products Ltd. v. H. C. Sharma & Ors.
E                    [(1988) 1 SCC 70]
            (iv)     Ram Murti Devi v. Pushpa Devi & Ors. [(2017) 15
                     SCC 230].
            In our view, the guiding principles which emerge from these
      authorities on the question which we are addressing in this judgment can
F     be adopted from the following three decisions:-
            (i)      Ram Murti Devi (supra)
            (ii)     Flora Elias Nahoum (supra)
            (iii)    Bharat Sales Ltd. (supra)
G           8. In the case of Ram Murti Devi (supra), it has been held:-
            “21.1. In a suit by the landlord for eviction of the tenant on the
            ground of sub-letting the landlord has to prove by leading evidence
            that:

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                 M/S PURI INVESTMENTS v.                                       287
            M/S YOUNG FRIENDS AND CO. & ORS.

      (a) A third party was found to be in exclusive possession of the         A
          whole or part of rented property.
      (b) Parting of possession thereof was for monetary consideration.
      21.2. The onus to prove sub-letting is on the landlord and if he has
      established parting of possession in favour of a third party either
      wholly or partly, the onus would shift to the tenant to explain.”        B

       In the case of Flora Elias Nahoum (supra) the question of burden
to establish sub-letting has been discussed and it has been observed:-
      “36. In our view, since the respondent had admitted the presence
      of Joynal Mullick in the suit shop, the burden was on him to prove       C
      its nature and the capacity in which he used to sit in the suit shop.”
      In that case, plea of sub-letting was made on the allegation of
inducting one Joynal Mullick in a shop room by the tenant.
      9. On the question of onus to establish receipt of monetary
consideration by the tenant from the person whose induction gives rise         D
to cause of action based on sub-letting, it has been held in the case of
Bharat Sales Ltd. (supra):-
      “4. Sub-tenancy or sub-letting comes into existence when the tenant
      gives up possession of the tenanted accommodation, wholly or in
      part, and puts another person in exclusive possession thereof. This      E
      arrangement comes about obviously under a mutual agreement or
      understanding between the tenant and the person to whom the
      possession is so delivered. In this process, the landlord is kept out
      of the scene. Rather, the scene is enacted behind the back of the
      landlord, concealing the overt acts and transferring possession
                                                                               F
      clandestinely to a person who is an utter stranger to the landlord,
      in the sense that the landlord had not let out the premises to that
      person nor had he allowed or consented to his entering into
      possession over the demised property. It is the actual, physical
      and exclusive possession of that person, instead of the tenant, which
      ultimately reveals to the landlord that the tenant to whom the           G
      property was let out has put some other person into possession of
      that property. In such a situation, it would be difficult for the
      landlord to prove, by direct evidence, the contract or agreement
      or understanding between the tenant and the sub-tenant. It would
      also be difficult for the landlord to prove, by direct evidence, that
                                                                               H
288             SUPREME COURT REPORTS                            [2022] 9 S.C.R.


A           the person to whom the property had been sub-let had paid
            monetary consideration to the tenant. Payment of rent, undoubtedly,
            is an essential element of lease or sub-lease. It may be paid in
            cash or in kind or may have been paid or promised to the paid. It
            may have been paid in lump-sum in advance covering the period
            for which the premises is let out or sub-let or it may have been
B
            paid or promised to be paid periodically. Since payment of rent or
            monetary consideration may have been made secretly, the law
            does not require such payment to be proved by affirmative
            evidence and the court is permitted to draw its own inference
            upon the facts of the case proved at the trial, including the delivery
C           of exclusive possession to infer that the premises were sub-let.”
              10. In the case before us, occupation of a portion of the subject-
      premises by the three doctors stands admitted. What has been argued
      by the learned counsel for the appellant is that once the Tribunal had
      arrived at a finding on fact based on the principles of law, which have
D     been enunciated by this Court, and reflected in the aforesaid passages
      quoted from the three authorities, the interference by the High Court
      under Article 227 of the Constitution of India was unwarranted. To
      persuade us to sustain the High Court’s order, learned counsel appearing
      for the respondents has emphasized that full control over the premises
      was never ceded to the medical practitioners and the entry and exit to
E     the premises in question remained under exclusive control of the
      respondent(s)-tenant. This is the main defence of the tenant. We have
      considered the submissions of the respective counsel and also gone
      through the decisions of the fact-finding fora and also that of the High
      Court. At this stage, we cannot revisit the factual aspects of the dispute.
F     Nor can we re-appreciate evidence to assess the quality thereof, which
      has been considered by the two fact-finding fora. The view of the forum
      of first instance was reversed by the Appellate Tribunal. The High Court
      was conscious of the restrictive nature of jurisdiction under Article 227
      of the Constitution of India. In the judgment under appeal, it has been
      recorded that it could not subject the decision of the appellate forum in a
G     manner which would project as if it was sitting in appeal. It proceeded,
      on such observation being made, to opine that it was the duty of the
      supervisory Court to interdict if it was found that findings of the appellate
      forum were perverse. Three situations were spelt out in the judgment
      under appeal as to when a finding on facts or questions of law would be
H     perverse. These are:-
                  M/S PURI INVESTMENTS v.                                       289
             M/S YOUNG FRIENDS AND CO. & ORS.

      (i) Erroneous on account of non-consideration of material                 A
          evidence, or
      (ii) Being conclusions which are contrary to the evidence, or
      (iii) Based on inferences that are impermissible in law.
        11. We are in agreement with the High Court’s enunciation of            B
the principles of law on scope of interference by the supervisory Court
on decisions of the fact-finding forum. But having gone through the
decisions of the two stages of fact-finding by the statutory fora, we are
of the view that there was overstepping of this boundary by the supervisory
Court. In its exercise of scrutinizing the evidence to find out if any of the
three aforesaid conditions were breached, there was re-appreciation of          C
evidence itself by the supervisory Court.
       12. In our opinion, the High Court in exercise of its jurisdiction
under Article 227 of the Constitution of India in the judgment under
appeal had gone deep into the factual arena to disagree with the final
fact-finding forum. There is no dispute that the three medical practitioners    D
were in occupation of part of the premises in question. The onus, under
such circumstances, was on the respondents to establish the degree of
control they were maintaining over the said premises for repelling the
plea of sub-letting or assignment or parting with possession. From the
passage of the judgment of this Court in the case of Bharat Sales Ltd.          E
(supra) above, it transpires that it was also the respondents’ obligation to
demonstrate that there was no monetary consideration on the basis of
which the medical practitioners were allowed to operate from the subject
premises. Though, it was a chemist shop, evidence reveals that the portion
of the premises of which the three medical practitioners were in
occupation consisted of individual cabins and had separate telephone            F
connections. These are the factors, on the basis of which, the Appellate
Tribunal came to its conclusion against the respondents. The Appellate
Forum found:-
      “26. I may observe that the job of a doctor is basically to provide
      consultancy. He is not to sell any goods. He is only to examine the       G
      patients and prescribe treatment and charge his fee. For doing so
      aforesaid, he only requires a place where he can sit, the client can
      come, the doctor may have privacy and is able to write a
      prescription to the client and, if required, to examine him either on
      a dental chair in the case of a Dentists or a bed in case of other
                                                                                H
290      SUPREME COURT REPORTS                           [2022] 9 S.C.R.


A     patients and nothing else. All these facilities were being made
      available to the doctors who came to the suit premises and that
      also in exclusive portion, i.e., Mezzanine floor without any
      interference even by the tenant. Merely because the doctors had
      to come at fixed hours would not make their occupation merely
      that of a licensee and not of a sub-tenant, because now it is a
B
      matter of common sense and common knowledge that many
      buildings have a common central door where a lock is put by a
      guard who opens the same in the morning and closes the same in
      the evening while everyone occupying a portion of the building
      uses his own portion as and when they are required to come as
C     also it is being done in the case of a lawyer. The lawyer also
      comes only in the office hours and in the day is not expected to
      remain in his chamber. However, in the case of a lawyer, he is
      required to maintain a library and records and might be using his
      library. But in the case of a doctor, he is not required to keep any
      lock because what he is required to do is to come, sit, provide
D
      consultancy and go. Thus, for the period for which he is in his
      clinic, he has exclusive possession thereof. It does not matter
      that before starting his practice and closing the same, the premises
      is not even locked by him. It is nobody’s case that till such time,
      the doctors were permitted to run their practice in the polyclinic,
E     they were asked to go back even during the hours fixed for opening
      the clinic. Merely because the first Respondent being a chemist
      was also being benefitted in selling his medicines will not permit a
      tenant to allow number of doctors to sit and run their own
      consultancy including the Dentist who otherwise may not have
      anything to do with the sale of medicine and is required to fix teeth
F
      which are prepared elsewhere and not by the first Respondent or
      by cleaning the teeth which is the major service provided by the
      Dentist. Moreover, permitting a Dentist to have his own chair in a
      clinic where visiting hours are limited, would not make the doctor
      only a licencee.
G     27. At this juncture, I may observe that user of the property by
      licencees are those cases where family members, a wife, or a son
      have been permitted to use a portion of the suit property along
      with the tenant who happens to be either the father or the husband
      or a near relative which is not the case here.
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                  M/S PURI INVESTMENTS v.                                      291
             M/S YOUNG FRIENDS AND CO. & ORS.

      28. As a matter of fact, the arrangement which was being followed        A
      between the tenant and the doctor, namely Respondent nos. 2 to
      4, makes it explicit that that user of the suit premises that too of
      Mezzanine floor was exclusive for the time they were permitted
      to run their practice and must have been under a secret
      arrangement between the tenant and the doctors to which the
                                                                               B
      landlord cannot have access and he can only infer that some kind
      of consideration must have passed by the sub-tenant in favour of
      the tenant which must be the only reason as to why the first
      Respondent permitted user of portion of suit property to Respondent
      nos. 2 to 4 on regular intervals and also permitted them to put
      their names outside the polyclinic including the timings of their        C
      coming. The tenant even allowed them to have their own telephones
      installed in the suit premises so as to facilitate the clients to have
      the consultancy at a time convenient to the doctor and the patient
      without any interference of the tenant in this regard. Such kind of
      arrangement cannot be termed as mere licence and must be
                                                                               D
      treated as exclusive possession though for a short period and would
      certainly furnish a ground for eviction under Section 14(1)(b) of
      the Delhi Rent Control Act. Accordingly, the Trial Court has not
      appreciated this fine distinction of law and, therefore, the findings
      returned by the Trial Court suffer from material irregularity and
      calls for interference by this appellate court.”                         E
       13. There was no perversity in the order of the Appellate Tribunal
on the basis of which the High Court could have interfered. In our view,
the High Court tested the legality of the order of the Tribunal through the
lens of an appellate body and not as a supervisory Court in adjudicating
the application under Article 227 of the Constitution of India. This is        F
impermissible. The finding of the High Court that the appellate forum’s
decision was perverse and the manner in which such finding was arrived
at was itself perverse.
      14. For these reasons, we set aside the judgment of the High
Court and restore the Appellate Tribunal’s findings.                           G
       15. On conclusion of the dictation of this judgment, which was
pronounced in open Court, Mr. Rana Mukherjee, learned senior counsel
prayed for some time to enable the respondents to vacate the premises
in question. We are also apprised that the respondents had paid occupation
charges at the rate of rupees thirty thousand per month from 15.05.2009        H
292              SUPREME COURT REPORTS                           [2022] 9 S.C.R.


A     till 14.11.2018. It is an admitted position, as confirmed by the learned
      counsel for the appellant as well as the respondents, that subsequent to
      that date payment of occupation charges at the rate of rupees thirty
      thousand per month has been stopped. It has been stated by Mr.
      Mukherjee that the respondents were remitting rupees ninety per month
      thereafter, being the original rent, but the appellant had refused to receive
B
      the same.
             16. We accordingly direct that the appellant would be entitled to
      occupation charges rupees thirty thousand per month from 14.11.2018
      till the subject-premises are vacated by the respondents, and the
      respondents must vacate the premises within a period of 53 weeks from
C     date. A sum of rupees one lac shall be remitted to the appellant within
      one month from date and rupees twelve lacs within six months from
      date. So far as the occupation charges for the period of 53 weeks from
      today is concerned, by which period the respondents shall vacate the
      premises, the respondents shall remit to the bank account of the appellant
D     the said sum of rupees thirty thousand per month by the last date of each
      month and if any further sum is found due on computation made in the
      manner indicted above, such additional sum shall also be remitted within
      the aforesaid period of six months.
             17. The period permitting the respondents to continue in occupation
E     shall remain unconditional for a month from today, by which time the
      respondents shall give an undertaking that they would vacate the premises
      in question on or before 28.02.2023 and shall handover the peaceful and
      vacant possession to the appellant also by that date, i.e., on or before
      28.02.2023. Such undertaking shall be in the form of an affidavit. This
      undertaking shall be filed in this Court within a period of one month from
F     date. The respondents or any one of them shall not create any third-
      party rights qua the premises in question in the meantime.
             18. The appeal stands allowed in the above terms.
             19. There shall be no order as to costs.
G
      Devika Gujral                                                  Appeal allowed.
      (Assisted by : Shevali Monga, LCRA)




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