Eviction Dispute Resolved: A Consensus Reached in Special Leave Petition.


09 September 2024 Civil Suits >> Civil & Consumer Law   |   Property/Real Estate Law >> Property & Real Estate  

In a recent development concerning the eviction of respondents from a property located at Holding No. 57, 58, Premises No. 281, Ward No. 20, South Dum Dum Municipality, Kolkata, the Supreme Court has issued a significant ruling. The case revolves around the property, covering an area of approximately 6 cottahs and 43 square feet, which has been under the possession of the respondents, Indian Oil Corporation Ltd.

The petitioners filed a Writ Petition (W.P.A. No. 20392 of 2021) in the High Court, seeking directions for the respondents to vacate the property. The learned Single Judge of the High Court granted this petition on August 16, 2022. However, the Indian Oil Corporation challenged this decision through an intra-court appeal (M.A.T. No. 1865 of 2022), which was subsequently allowed on August 14, 2023. The court ruled that the case presented disputed questions of fact that could not be appropriately addressed in writ jurisdiction, directing the petitioners to pursue their claims through the appropriate legal forum.

 
 

Following this ruling, the petitioners escalated the matter to the Supreme Court through a Special Leave Petition. During the hearing, both parties reached a broad consensus that facilitated a resolution. Under this agreement, the respondents have committed to vacate the property and hand over its physical possession to the petitioners by March 31, 2025. In exchange, the petitioners agreed to waive their rights to recover any arrears of rent and mesne profit, both for the past and future until the possession is handed over.


Key points of the Supreme Court's decision include:

The Indian Oil Corporation is required to vacate the property by March 31, 2025.
The petitioners will not seek to recover lease rent or mesne profit until possession is transferred.
Should the respondents fail to comply with these terms, the petitioners have the right to initiate contempt proceedings alongside any other available legal remedies.
Any amounts currently deposited in court will be refunded to the respondents.
The petitioners are to return any cheques or negotiable instruments related to this matter, as their rights to encash these have been forfeited due to the consensus.
Upon compliance with these terms, both parties agree not to pursue any further claims against each other.
This ruling underscores the importance of negotiated resolutions in legal disputes, demonstrating a collaborative approach to settling what could have been a prolonged and contentious issue. The Supreme Court has disposed of the Special Leave Petition based on this consensus, effectively bringing the matter to a close.