SUPREME COURT OF INDIA

Before:- Syed Shah Mohammed Quadri and Y.K. Sabharwal, JJ.

Civil Appeal No. 4328 of 2000 (Arising out of S.L.P.(C) No. 17926 of 1999). D/d. 28.7.2000

Narinder Nath - Appellants

Versus

Amaraj Singh - Respondents

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) - bonafide requirement - Concurrent finding of fact of all the courts below that need of landlord was bonafide - It is a finding of fact - Could not be interfered with in Special Leave petition.

[Para 1]

ORDER

Syed Shah Mohammed Quadri, J. - Leave is granted.

2. This appeal is directed against order of the High Court of Punjab and Haryana in civil Revision No. 708 of 1993, dated October 12, 1999.

3. By virtue of the impugned order, the appellants are liable to vacate the suit premises.

4. Learned Counsel for the appellants submits that within three months from today the appellants will vacate the premises but liberty may be reserved for them to apply for restoration of possession under the provisions of East Punjab Urban Rent Restriction Act, 1949. The learned Counsel for the respondents fairly submits that at this stage they cannot object to this request. In view of this consensus, we dispose of the appeal in the following terms - we grant time to the appellants till the end of October, 2000 to vacate the premises and hand over vacate possession of the same to respondents on their filing usual undertaking within three weeks. Liberty is reserved to the appellants to apply to the Rent Controller for restoration of possession, if permissible in law.

5. There will be no order as to costs.

Order accordingly.