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april 2009

Supreme Court of India · 2009-04-30

M/S. Sardar Estates vs Atma Ram Properties (P) Ltd

Citation / case number
AIR 2009 SC (SUPP) 2111
Court
Supreme Court of India
Petitioner
M/S. Sardar Estates
Respondent
Atma Ram Properties (P) Ltd
Bench
H.L. Dattu, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the eviction of the appellant from the premises at Scindia House, New Delhi, affirming that the unauthorized construction on the open area above the second floor does not constitute an independent flat. The Court found that flat no.14A is part of the tenanted premises, rejecting the appellant's claims as frivolous and an abuse of the court process. The appeal was dismissed, and the appellant was ordered to pay costs of Rs.10,000 and vacate the premises within three months, failing which eviction would be enforced by police.

M/S. Sardar Estates vs Atma Ram Properties (P) Ltd · Niyam