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Supreme Court of India 2020-01-30 partly_allowed

OM PRAKASH vs SURESH KUMAR

Bench: 2 — A. M. Khanwilkar, Ajay Rastogi

In Brief

The appellant landlord sought eviction of a tenant occupying commercial premises to reconstruct the building. The tenant agreed to vacate if the landlord would re-induct him in the newly constructed building at an equivalent area (36.53 sq. meters). The landlord's counsel made an unequivocal statement before the High Court accepting this offer. The landlord later denied giving such instructions and filed a review petition. The Supreme Court held that the landlord was bound by his counsel's statement, as it concerned the subject matter of the proceedings and was unequivocal. However, due to structural constraints, the Court directed re-induction in 28.24 sq. meters (with front-side access) and ordered the landlord to pay Rs. 74,000 as compensation for the lost area."

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