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2020 Supreme(SC) 845

NAVIN SINHA, A.S.BOPANNA
Krishan Kumar – Appellant
Versus
Krishna Nath – Respondent


Advocates appeared:
Mr. Gagan Gupta Advocate for the Appellant; Mr. D.K. Sharma Advocate, Mr. Rohit Vats Advocate, Ms. Sunita Sharma Advocate, Ms. Rashi Singhal Advocate, Mr. Daya Krishan Sharma Advocate for the Respondent

ORDER

1. The appellant assails order dated 4.2.2009 allowing the Civil Revision preferred by the respondent, granting three months time to the appellant to vacate the premises in question.

2. The parties shall be referred to by their respective position before the Rent Controller for convenience. The plaintiff-landlord filed Rent Petition No.51/02 for eviction of the respondent-tenant on ground of non-payment of rent and making material addition and alterations without the consent of the plaintiff. The arrears of rent having been paid, the Rent Controller rejected the plea for eviction holding that the plaintiff had failed to prove any addition, alteration etc. Rent Appeal No.16/1988 preferred by the plaintiff was rejected. The plaintiff then preferred the Civil Revision application.

3. Learned counsel for the respondent contended that the two shops, the subject matter of the suit are contiguous to each other. The respondent runs a photo studio in the tenanted premises. Shop No.1 was leased out from 1.5.1981 and the tenancy of Shop No.2 was recorded in an agreement dated 17.4.1985 acknowledging that the respondent was in occupation since earlier. Clause 9 of the former lease for sh

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