Kumar
(PW-18) has stated that accused No. 2 came to his shop and took sweets and
left in car No. 566 JK02B belonging ... also stated
about the return of accused No.2 to the shop and a demand for a scooter.
This witness has also stated to have
Leave granted.
The suit premises in these two appeals are two shops situated in M.T. Cloth
Market, Indore on the ground-floor ... owned by
late Krishnadas. He inducted the two appellants in the two shops as tenants
for non-residential purpose. Krishnadas died on 8.7.1995. His ownership
Magistrate about the vacancy. The Appellant-landlord applied for
release of the shop because he needed it for his son. Another tenant
of the landlord ... also applied for allotment of the shop to him. Whilst
the matter was pending before the appropriate authority the landlord
occupied the shop without
arrears of rent and secondly that there
was material alteration in the shop without the written consent of the
landlord. The Appellant claimed that ... shop had thus been materially
impaired in value and utility. The Respondent immediately deposited the
rent in Court and, therefore, the first ground
BRIJESH KUMAR, J.
The dispute in this appeal relates to a shop under
the tenancy of the respondent - Baij Nath. The petitioner-
landlady had purchased ... shop in question in the year 1977
from one Smt.Kanti Devi. It measures 2 x 5.3 meters. The
petitioner moved a petition under Section
appellant Nandji Rastogi. Manjoor
Ansari, PW.1 was the tenant of a shop in that building, but Nandji
Rastogi was pressurising him to vacate ... with the informant and his
family members and continued to occupy the shop premises even
on the date of occurrence.
The case of the prosecution
separately from each other. The suit premises consist of two
shops combined together which were let out to the respondent-tenants
by one Dr. Bhuvnesh ... start any business of his own. Secondly, there are two other
shops available to the plaintiffs wherein plaintiff No.1 could have
started the business
choice and in accordance with the law and will
construct shops in basement and on it ground floor
and the second party will make ... first party according to
map.
4. That the lessees will construct shops on the
leased property and can sublet the shops to other
persons
sale to consumers through public distribution
system and by appointing fair price shops/retailers. On
27.1.99/1.2.99, the Collector, Jabalpur, exercising the powers ... Institution to provide the kerosene at the concerned
Sale Centres (Fair Price Shops) according to
allotment."
[emphasis supplied]
A perusal of the chart annexed
suit accommodation-non-residential in nature,
being a shop. The property was self-acquired property of the late father of
the respondent. The family consisted ... father executed a registered deed of settlement whereby the
suit shop was gifted to the respondent. The execution and registration of
the deed of settlement
