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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 4696 of 2007

PETITIONER:

Hariom Agrawal

RESPONDENT:

Prakash Chand Malviya

DATE OF JUDGMENT: 08/10/2007

BENCH:

B.N. AGRAWAL,P.P. NAOLEKAR & P. SATHASIVAM

JUDGMENT:

J U D G M E N T

(arising out of Special Leave Petition (Civil)No.12573 of 2006)

P.P. NAOLEKAR, J.:

1. Leave granted.

2. The facts necessary for deciding the question

involved in the case are that one Maganlal Jain was the

original tenant of Prakash Chand Malviya, the respondent-

landlord. Maganlal Jain had given the shop to the appellant

for carrying out the business. On a dispute being arisen

between the respondent-landlord, the original tenant Maganlal

Jain and the appellant herein, an agreement was executed on

28.3.1988 by the respondent (landlord) and the appellant

(subsequent tenant), whereby the landlord tenanted the shop

to the appellant on payment of an advance amount of

Rs.4,75,000/- which was received by the landlord in cash in

front of the witnesses. The agreement further provided that in

case the landlord requires eviction of the tenant from the shop

he will have to give notice of 6 m