Dr. Ranbir Singh vs Asharfi Lal on 21 September, 1995
12. As regards the aspect of hardship, the Appellate Court has
recorded a finding in paragraph 21 that there was evidence on record that
the tenant had other premises in the city in which his son and brother were
doing business. It has further also observed in paragraph 24 of the judgment
that as such other premises were available to the tenant, he had failed to
prove that greater hardship would be caused to him. Considering the fact
that the son of the tenant was running a medical shop by name 'Naval
Agencies' and that there was another building behind the Municipal Council
in which he had half share, the question of hardship had been rightly
answered by the Appellate Court that same would not be caused to the
tenant. The finding regarding hardship is a finding of fact as held by the
Supreme Court in Dr Ranbir Singh Vs. Ashrafi Lal (1995) 6 SCC 580.