Authority: Supreme Court of India

Order Date: 05-08-2026

Case Overview

  • Petitioners: NAND LAL RATHI (individual) filed Special Leave to Appeal (C) Nos. 25921‑25922/2026 arising from the impugned final judgment and order dated 25‑03‑2026 in APDT No. 4/2026 and APDT No. 6/2026 passed by the High Court at Calcutta.
  • Respondent: M/S A.T. GOOYEE ENTERPRISES (landlord).
  • Background: Petitioner has occupied the premises since 2004 paying a monthly rent of Rs 45,000. Eviction proceedings were initiated in 2009. The petitioner sought six months’ time to vacate the premises.
  • Respondent argued that petitioner was aware since 2009 of the need to vacate and that mesne profits should be enhanced from the date of the Single Judge’s judgment.

Order

  • The Court is not inclined to interfere with the High Court’s judgment; the Special Leave Petitions are dismissed.
  • Six months’ time is granted to the petitioner to vacate the premises, subject to the following conditions:

1. The petitioner shall file the usual undertaking before this Court and before the High Court within two weeks from the order date.

2. The petitioner shall pay mesne profits at the rate of Rs 2,00,000 per month, effective from the date of the Single Judge’s judgment. The arrears, calculated at this rate from that date up to 31 January 2027, must be deposited within four weeks from today with the High Court; upon deposit, the amount will be withdrawn by the respondent.

3. Any default in complying with the above conditions will automatically vacate the interim protection granted to the petitioner, without any further reference to this Court.

Final Outcome

  • The Special Leave Petitions are dismissed.
  • The petitioner is allowed six months to vacate the premises, provided the undertaking is filed and mesne profit arrears of Rs 2 lakhs per month are paid as stipulated.

Topics: Eviction, Mesne Profits