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2010 Supreme(P&H) 885

L.N.MITTAL
Shobhya Rani – Appellant
Versus
Moti Ram – Respondent


Judgment

L.N.Mittal, J.

1 This is second appeal by legal representatives of the original plaintiff Brij Mohan Nanda since deceased, having remained only partly successful in both the Courts below.

2 Plaintiff filed suit for permanent injunction restraining the defendants from dispossessing the plaintiff illegally and forcibly from the suit property being a shop situated in Sohna, in which the plaintiff is tenant under the defendants, and from disconnecting electricity and water connections from the suit premises.

3 The plaintiff s case is that the plaintiff is tenant in the disputed shop under the defendants on monthly rent of Rs. 100/- for 7-8 years before the filing of the suit (filed on 15.03.1996) for running business of Soda Water Works. Defendants were adamant to dispossess the plaintiff forcibly and illegally from the suit property.

4 The defendants inter alia pleaded that there is no relationship of landlord and tenant between the parties. It was also alleged that the suit property is not a shop, but is a godovvn. It was initially let out to the plaintiff. Its monthly rent was Rs. 500/- in the year 1976. Plaintiff failed to pay rent for 2 years and, therefore, gave vacant po










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