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2007 Supreme(All) 928

PRAKASH KRISHNA
SIDDH GOPAL – Appellant
Versus
DILIP KUMAR – Respondent


Advocates appeared:
B.B. Paul for the Petitioners; Rahul Sahai for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is really an unfortunate litigation. The landlords, who are the respondents in the present writ petition, filed an application for release of the disputed shop about 26 years ago i.e. in the year 1981 and the matter was remanded twice by the appellate Court on untenable grounds, apparently to benefit the petitioner-tenant. Release was sought on the pleas that the shop in question is bonafide required by them to run Sarrafa business. The shop in dispute is situate in Sarrafa Market wherein the petitioners-tenants are doing the Sarrafa business since time of the grand father of the respondents. Sri Kalyan Mal was the owner of the disputed shop. He died on 17-1-1966 leaving behind him two sons, namely, Ram Rakshpal (father of the respondents-landlords) and Shivraj Saran. In a short span of time, Ram Rakshpal also expired on 14.11.1966 leaving behind him the respondents who were minors at that time. Shivraj Saran, being the uncle of the respondents-landlords, who were minors, started looking after the family affairs. According to the respondents, which has been found also by the Courts below, Kalyan Mal had executed a Will dated 5-7-1965 bequeat





































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