Mohanlal Bhagwandas vs Ishwarlal Ambaram - Died During ... on 6 May, 2014
8. On the other hand, learned advocate Ms.K.J.Brahmbhatt
for the respondent has supported the order under challenge.
It was submitted that initially the suit property was let out to
the petitioner only for the business purpose. However, as the
petitioner's business has expanded, the other family members
joined the petitioner and they also started to reside at the
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C/SCA/2327/2009 JUDGMENT
tenanted premises. It was also submitted that ground of non-
user came only in 2008 and therefore, filing of the application
for amendment by the plaintiff - when the suit was pending -
was just and proper and order of the trial court does not call
for any interference. Learned advocate for the respondent has
drawn attention to a decision in the case of Pankaja and Anr.
v. Yellappa (Dead) by LRs and Ors., reported in (2004) 6
SCC 415, Ganpat Lal Gupta and Ors. v. Vth Additional
District Judge, Deoria District and Ors., reported in 2003
AIHC 4870 (Allhabad), Potnuru Lakshmana Rao v.
Potnuru Babu Rao (died) by LRs., reported in 2001 AISC
2814 and in case of Shanabhai Mangabhai Patel v.
Bhagwandas Revabhai Patel and Ors., reported in 1990
(1) GLH 403.