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1969 Supreme(SC) 553

J.C.SHAH, G.K.MITTER
Central Tobacco Co. , Bangalore – Appellant
Versus
Chandra Prakash – Respondent


JUDGMENT :

G.K. Mitter, J.

This is an appeal by special leave from a judgment and order of the Mysore High Court on a Revision Petition filed under Section 50 of the Mysore Rent Control Act, 1961.

2. The facts are as follows. The respondent before us was the landlord (hereinafter referred to as the petitioner) of the appellant and had filed a petition for eviction of the tenant on the ground of bonafide and reasonable requirement. He was a partner of Chandra Bhawan Boarding and Lodging situate close to the premises in which the appellant was a tenant. He appears to have been carrying on a flourishing business as a hotelier. Formerly there were two businesses which were separated in 1962. According to the petitioner the hotel building though constructed recently had no space which could be used as a godown and the materials required to be stored for the purpose of running the hotel were being kept in the godown of Bombay Chandra Bhawan, Avenue Road. The appellant has been carrying on business in this premises for over twenty years. It was in possession of the entire building but in terms of a compromise it gave up the first and second floors of the building which are now in the possess

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