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2015 Supreme(All) 1161

MANOJ KUMAR GUPTA
JAGDISH CHAND KASHYAP – Appellant
Versus
MALTI AGARWAL – Respondent


Advocates:
Counsel :
Om Prakash Lohia and Noor Sabaa for the Petitioner; C.S.C., Arvind Srivastava and Pushkar Srivastava for the Respondent.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—The petitioner is a tenant of a shop in building No. 343-A (private No. 343-A/10 and present No. 917) Jokhan Bagh, Civil Lines, Jhansi (hereinafter referred to as ‘the shop in dispute’). The landlord of the shop is Smt. Malti Agarwal (the respondent herein).

2. Before the petitioner was inducted as the tenant of the shop in dispute, he was occupying another smaller shop in the same building, in pursuance of a lease agreement dated 27.5.1981 whereunder, the rent was Rs. 500/- per month and the tenancy was for a period of 15 years with an option of renewal for a further period of five years. It is admitted case of the parties that in the year 1986-87, an adjoining shop in the tenancy of one Mohd. Qamar was got vacated and the said shop alongwith the shop in the tenancy of the petitioner, were merged together by undertaking extensive modifications and constructions. Whereas, the shop earlier in the tenancy of the petitioner measured 12.6' x 14.6', the new shop i.e., the disputed shop, now measures 30' x 20'. In pursuance of an oral agreement between the parties, the rent of the disputed shop was enhanced to Rs. 750/- per month, out of which Rs. 25











































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