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2009 Supreme(J&K) 45

SUNIL HALI
Ashu Chopra – Appellant
Versus
Neghat Khanam – Respondent


Advocates Appeared:
Advocate For Appellant: Anil Sethi
Advocate For Respondent: Virender Bhat

1. The parties are litigating over possession of a shop bearing No. 26 North Block, Bhau Plaza, Jammu. Petitioner in Civil Revision No. 159/07 claims to be a tenant in the aforementioned shop of the respondent, while as petitioner in Civil Revision No. 216/07 claims to be in possession of the shop but admits the respondent in Civil Revision No. 216/07 as partner in the said shop. Both the parties are aggrieved by the orders of the courts below in the present revision petitions.

2. In order to appreciate the controversy, it is necessary to give brief facts of the case.

3. A civil suit has been filed by the petitioner before the trial court, claiming to be a tenant of the respondent. It is further contended that the shop has been let out to the petitioner on a monthly rent of Rs. 7000/-. Petitioner after taking possession of the shop, started business of kids wear, readymade garments and artificial jewelry under the name and style of M/s Abheer Kids Wear. In support of his contention, petitioner has shown the following evidence that he is in possession and owner of the firm:

a) The Registration with the Labour Department. b) Stocks insured with the Insurance Company.

c) Cash Credit fac









































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