issue as to whether an occupier of a garage, who
has put the garage to commercial use, can oppose redevelopment process
of Society ... before the Appeal Court, the Appellant-garage
occupier insisted that since the garage was being put to commercial use by
securing several licenses without objection
issue as to whether an occupier of a garage, who
has put the garage to commercial use, can oppose redevelopment process
of Society ... before the Appeal Court, the Appellant-garage
occupier insisted that since the garage was being put to commercial use by
securing several licenses without objection
11th December 2012, and Respondent No. 7
was restrained from using garage no. 1 in Trilok 'A" for commercial purposes.
Respondent ... Garage has been a commercial unit since day one. No
vehicle has ever been parked in the suit Garage. The Appellants father has used
address of the garage used by
defendant no.5 and it does not establish that use of the garage for commercial
purposes was allowed ... consider or approve
the garages being described as shops. The contention that the garages have
toilets within cannot justify the garages being treated as shops
testify as to
since when the appellant had started using the ''garages'' in question for
storing of old records. He merely ... used as ''garages''. Primarily the ''garages'' are to be used for parking of
vehicles. The court
converted into a shop and that he wanted to use the garage for
RCR No.117/2010 Page 3 of 9
parking ... petitioner/tenant that the
respondent/landlord could easily put the garage to use as a shop by
parking his car in the drive
structure if the same is used for more convenient or beneficial use of the residential building, such as for garage of a car.
4. Learned ... used for garage of car and that exception is available only when car garage is used for other purposes like storage of firewood. Non-residential
within that period. It is specifically stated there that for use of the garage defendant No. 6 would pay Rs. 100/- per month ... possible that Daulatram was having access to the garage and was using the garage as a member of the family of defendants
incorrect to suggest that the said property is
being used as Garage for many years again said the said
property was being used as Garage ... occupation of the petitioner; and the fifth property was being
used as garage/godown. From the evidence of the petitioner himself, it is
established
would be used for garages only".
18. That the Subject Garages were always enclosed, and they were put to
use other than to park ... economic value in negotiating with the Tenants who are
tenants using the Subject Garages in the same pattern for decades. They have
executed the Development
