1987 INSC 0004
                                                   Dr. B. M. Joshi

                                                           Vs

                            Second Additional Distt. Judge, Allahabad and Others

                                          Civil Appeal No. 844 of 1986

                                        (Ranganath Misra, M. M. Dutt JJ)

                                                      06.01.1987

                                                        ORDER

1. It is conceded that during the pendency of the appeal possession of the disputed premises has
passed on to the landlord and he is now in possession. In view of this situation the civil appeal has
to be dismissed.

2. It was submitted on the earlier occasion that while taking possession some force, not warranted in
the facts of the case, had been used. On behalf of respondent 5, the decree-holder, regrets were
expressed and that fact has been recorded in the proceedings of the court. Mr. Gopal Subramaniam,
appearing for the respondents, states that respondent 5, Mr. Upadhyay has in the meantime, written
to the appellant, Dr. Joshi, in that behalf.

3. It appears that Dr. Joshi is a homeopath of repute and is now old. He has dedicated himself to the
service of the community. Keeping this aspect in view, this Court has suggested that an alternate
accommodation could be looked for him. Some premises have been identified but learned counsel
for the appellant say that these are all in the first floor and the appellant on account of his present
state of health would not find any of them convenient. We suggest that the Rent Control and
Eviction Officer should find out a convenient accommodation for Dr. Joshi and once such
accommodation is identified, the same should be allotted to him. This direction is given in
consideration of the fact that Dr. Joshi who is said to be over 75 years of age is engaged in
philanthropic service to the community. We command to the authorities that such allotment may be
made at an early dated preferably within three months from now.

4. The appeal is disposed of without any order for costs.

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