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Central Tobacoo Co., Bangalore vs Chandra Prakash on 23 April, 1969

Let us now probe into the extent of the hardship that may be caused to one party or the other, in case a decree for eviction is passed or is refused. It seems to us that in deciding this aspect of the matter each party has to prove its relative advantages or disadvantages and the entire 11 Onus cannot be thrown on the plaintiffs to prove that lesser disadvantages will be suffered by the defendants and that they were remediable. This matter was considered by this Court in an unreported decision in the case of M/s Central Tobacco Co. v. Chandra Prakash(l) where this Court observed as follows:-
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