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1993 Supreme(Mad) 863

MISHRA, S.M.ALI MOHAMED
Kapoor Lamp Shade Co. , represented by its Proprietor Kiren Kapoor – Appellant
Versus
Spencer & Co. , represented by its Secretary V. Rajagopalan – Respondent


Advocates Appeared:
For the Petitioner:G. Subramaniam, Senior Advocate for George Cheriyan, B. Ravi Raja, K. Sathyabal, Advocates.
For the Respondent:R1 - Krishna Srinivasan for Ramasubramaniam and Associates, (Caveator), R2 - Nalini Chidambaram, Senior Advocate, T.K. Seshadri, M.S. Sampath, Advocates.

Judgment :-

1. There has been one round of battle in Court in O.S. No. 11708 of 1989 in the City Civil Court, Madras, which culminated in the final disposal in CRP. No. 220 of 1991 by Nainar Sundaram, J. as he then was, in the following words:—

“The members of the plaintiff are traders who were carrying on business in the old building called

“Spencers Super Market”. The admitted petition is that they are to be accommodated in the new complex that is being constructed by the defendant, and until then, their possession and carrying on business in the old building “Spencers Super Market” are not to be disturbed. The (sic.) occasion for the plaintiff to come to this Court, projecting the prayer extracted above, as per the allegations in the plaint is that the existing car parking area is being blocked by the defendant. Whether any car parking area was specifically provided and made available to the members of the plaintiff, pursuant to any binding arrangement or contract is a question which need not strain the mind of this Court at this juncture.

4. I heard Mr. Krishna Srinivasan, learned Counsel appearing for the defendant, saying that so far as possession and carrying on of the trade by
























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