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2000 Supreme(SC) 653

S.N.PHUKAN, S.S.M.QUADRI
Kamala Bakshi – Appellant
Versus
Khairati Lal – Respondent


JUDGMENT

Syed Shah Mohammed Quadri, J.-This appeal of landlady, by special leave, is directed against the order of the High Court of Delhi in C.R. No. 1002 of 1996 dated November 28, 1996. This case had a chequered career. The present controversy is an off-shoot of the earlier litigation between the parties. To appreciate the question involved in this case, it will be necessary to sel out briefly the facts giving rise to this appeal.

2. On March 2, 1960, the respondent who is a tailor, occupied premises No. 26, Faiz Bazar, Darya Ganj, Delhi (hereinafter referred to as the suit premises ) of H.S. Sharma, the father of the appellant. The said Sharma and the respondent entered into an arrangement pursuant to which he executed a document, Ext. P-1, on March 28, 1960 (Ext. P-1, however, bears the date June 28, 1960), purporting to join as Manager of the tailoring business said to be of H.S. Sharma, which was being carried on in the suit premises. The said arrangement could not continue for long. On June 10, 1966, the said Sharma filed a suit claiming mandatory injunction against the respondent on the ground that he was a licensee in the suit premises in the capacity of Manager, which hav


















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