Shanti Devi vs Rajesh Kumar Jain & Anr on 9 October, 2014
14. The reliance of the learned counsel for the petitioners on the judgment
of the Supreme Court in the case of Shanti Devi vs. Rajesh Kumar Jain &
Anr. (supra) is misplaced. In that case, the Supreme Court was dealing with
a case where the landlord needed the property to expand his business as the
space currently available with them was insufficient. Without going into the
merits of the rival contention, the Supreme Court held that a triable issue has
been raised. In the facts of the present case, it is significant that there is no
accommodation available with the respondents from where he is carrying on
said business.