1981 INSC 0163
                                                      Ram Gopal

                                                           Vs

                                              Smt. Sarubai and Others

                                        Civil Appeal No. 214(N) of 1970

                                     (Syed M. Fazal Ali, A. Varadarajan JJ)

                                                      12.03.1981

                                                     JUDGMENT

FAZAL ALI, J. ­

After hearing counsel for the parties and having gone through the judgments of the courts below, we
are satisfied that this is a matter which is pre-eminently fit for settlement. The judgment under
appeal against the appellant undoubtedly causes serious hardship to the appellant inasmuch as the
land which he had possessed has already been sold of and is not available to him and there is no
other source of sustenance to the appellant expect the land in dispute. In view of the pressing
circumstances and also having regard to the fact that the case has been pending in the courts for the
last 20 years Mr. Naunit Lal has fairly conceded at the instance of the court that any order which the
court may think reasonable may be passed to do justice to the parties. In view of these
circumstances we modify the order and the judgement under appeal to this extent that the applicant's
application for ejectment is allowed to the extent of six acres out of the land in dispute of survey
No. 13. The allotment of six acres out of the total area of the land in dispute shall be made by the
Tahsildar taking in to consideration the nature and character of the soil. The appeal is accordingly
disposed of without any order as to costs.

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