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2010 Supreme(Del) 793

INDERMEET KAUR
MADAN LAL – Appellant
Versus
RAM PRATAP – Respondent


Advocates Appeared:
Mr. O.P. Aggarwal, Advocate.
Mr. Rajiv Kr.Ghawana, Advocate.

INDERMEET KAUR, J.

1. The present suit has the impugned judgment and decree dated 19.09.1991 which had endorsed the finding of the trial judge who vide judgment and decree dated 01.02.1986 had dismissed the suit of the plaintiff. 2. Briefly stated the matrix of the case is as follows:-

i. Plaintiffs, Suraj Prasad and Madan Lal, had filed a suit for possession of shop no. 1467, Fountain, Chandni Chowk, Delhi. It had been alleged that the plaintiffs i.e. Suraj Parsad – Madan Lal are tenants under Madan Lal since 1943 at a monthly rent of Rs.57.50/- which had been increased to Rs.80/-. Rent note dated 11.07.1945 had been executed in the favour of the landlord.

ii. Plaintiffs and defendant no.1 are real brothers. Defendant nos. 2 to 4 are the sons of defendant no.1.

iii. Plaintiff no.2 was carrying on business of `paan, cigarette etc. in Shop No.1469/1, Fountain, Chandni Chowk, Delhi. There was no electricity in that shop. Plaintiff was utilizing electricity from the adjoining shop. He got his electricity connection 10 to 12 years ago.

iv. In 1952, plaintiffs allowed their brother Chhagan Lal (now decreased) to carry on the plaintiffs business in the said shop which he continu
































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