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2021 Supreme(SC) 128

ASHOK BHUSHAN, R.SUBHASH REDDY
MADAN MOHAN SINGH – Appellant
Versus
VED PRAKASH ARYA – Respondent


Advocates appeared:
For the Appellant :P.S. Patwalia, Tushar Bakshi, Advocates
For the Respondent:Manoj Swarup, Mukul Kumar, Neelmani Pant, Vidisha Swarup, Advocates

JUDGMENT

Ashok Bhushan, J.

Leave granted.

2. These appeals have been filed by the appellant challenging the judgment of the High Court of Punjab and Haryana dated 06.12.2018 by which Regular Second Appeal No.35 of 1997 filed by the respondent, the defendant in suit, has been allowed, and the Regular Second Appeal No.2610 of 2002 filed by the appellant has been dismissed and the suits filed by the plaintiff-appellant have been dismissed.

3. Brief facts of the case which are necessary to be noted are:

The appellant due to surrender of a temporary stall at Nehru Market was allotted Booth No.186 in Sector 35-D, Chandigarh vide Allotment Letter dated 20.06.1972 issued by the Estate Officer, Chandigarh Administration. The allotment specifically provided that appellant-plaintiff has no right to transfer his rights directly or indirectly. The appellant was restrained from subletting the premises or any part thereof. The building was leased out for cattle poultry feed and for no other purpose. The appellant entered into a partnership deed dated 18.12.1976 with the respondent, Ved Prakash for

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