Case Note & Summary
The case involved an appeal filed by Shafiullah against the judgment and final order dated 22.01.2008 of the High Court of Judicature at Allahabad, Lucknow Bench, in Writ Petition No.163 of 2007. The appeal arose from a Special Leave Petition concerning an eviction order. The Supreme Court heard the arguments from both parties and determined that the eviction order issued by the High Court should not be interfered with. However, the Court found it appropriate to modify the High Court's order by removing the requirement for the appellant to pay Rs.200/- per month starting from 01.04.1980 until possession was delivered. The Court extended the time for filing an undertaking before the High Court by an additional month. The appeal was disposed of without any order as to costs.
Headnote
A) Eviction - Modification of Eviction Order - High Court's Direction on Rent - Civil Procedure - Court modified the High Court's order by deleting the direction to pay Rs.200/- per month from 01.04.1980 until possession is delivered, while upholding the eviction order. The court found no reason to interfere with the eviction order but adjusted the financial obligation imposed by the High Court. Held that the modification was necessary under the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the High Court's order of eviction and the direction to pay rent should be interfered with.
Final Decision
The Supreme Court upheld the eviction order but modified the High Court's directive to pay Rs.200/- per month from 01.04.1980 until possession is delivered, finding it unnecessary. The time for filing an undertaking was extended by one month.
Law Points
- Eviction
- Modification of Orders
- Special Leave Petition
