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1996 Supreme(All) 848

S.N.AGGARWAL
Brij Bala Jain – Appellant
Versus
Amarjeet Kaur – Respondent


Advocates appeared:
Atul Dayal, K.L.Grover, K.M.Dayal,

Judgment :

SUDHIR Narain, J.

1. This writ petition is directed against the order dated!4-12-1993 passed by the Rent Control and Eviction Officer declaring vacancy.

2. THE dispute relates to shop No. 76/281 Latouche Road, Kanpur Smt. Balwant Kaur was its erstwhile owner. She let out the said shop to the petitioner on 6th May, 1972 and a rent note was executed by the petitioner, a copy of which has been annexed as Annexure-1 to this writ petition. THE petitioner started business in the shop in the name and style of M/s Ajai Rubber Company. She had taken Subhash Chandra, brother of her husband, as partner. A partnership deed was executed on 18th October, 1972, wherein a mention was made that the deed was effective from 1st day of. June, 1972. THE business was being carried on in the firm's name. Sometimes in 1978-79 another business was started in the name of Diamond Sales Corporation but within a year it was closed and the business of M/s. Ajai Rubber Company continued.

The erstwhile landlady sold the property to Smt. Amarjeet kaur and Manjeet Singh, respondents No. 1 and 2, by registered sale deed on 29-5-1988. The respondents gave a notice on 27-9-1988 intimating the petitioner tha










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