1981 INSC 0105
                                                   Smt. Sewa Devi

                                                           Vs

                                       Bipan Behari Tawekley and Others

                                          Civil Appeal No. 707 of 1981

                                     (CJI Y.V. Chandrachud, R.B. Misra JJ)

                                                      18.02.1981

                                                        ORDER

1. Heard counsel. Special leave granted.

2. By consent, we order that :

                  1. The petitioner appellant and respondent 2 will hand over possession of the second
                  floor which is in their occupation within a period of one month from today;

                  2. The petitioner and respondent 2 will continue to occupy the premises in their
                  possession on the first floor for a period of five years from today. For the said
                  accommodation on the first floor they will continue to pay Rs. 250 a month, such
                  amount being payable by the 15th of the month succeeding the month for which it is
                  payable.

                  3. An undertaking will be filed by (i) the petitioner and (ii) by respondent 2 (Mrs.
                  Krishna Mehra), on her own behalf and on behalf of her minor children respondents
                  3 and 4, to the effect that they will hand over vacant and peaceful possession of the
                  premises on the first floor as contemplated above, that they will not induct any
                  person or part with possession of the premises to any one and that they will continue
                  to pay the amount as contemplated above.

                  4. In case of breach of any of the terms above the decree for eviction will be
                  executable forthwith.

3. The appeal shall stand disposal of accordingly.

4. There will be no order as to costs.

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