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Maqboolunnisa Versus Mohd. Saleha Quaraishi

1997 (11) TMI 536 - SUPREME COURT OF INDIA

Civil Appeal No. 13381 of 1996 - Dated:- 6-11-1997 - Dr. A.S. Anand And K. Venkataswami, JJ. ORDER 1. The appellant is the landlady who filed an eviction petition against the respondent on the ground of bona fide requirement of the suit shop to enabl .....

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was asserted that the suit shop measuring 10' x 15' was bona fide and genuinely required to enable her eldest son to shift the embroidery business because he was under threat of eviction from the rented premises where he was carrying on the e .....

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have heard learned counsel for the parties. 3. It is an admitted case of the parties that during the pendency of the proceedings in the trial court, a shop adjacent to the demised premises, also measuring 10' x 15' was vacated by one Shri Su .....

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om which the son of the appellant was to shift measured only 4' x 4' while the shop which had been vacated by Shri Sukumaran measured 10' x 15'. At the trial, during her evidence, the appellant went on to say that by breaking the wall .....

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s admits of no exception. But even if we ignore that infirmity, we find that the assertion itself does not establish a genuine bona fide need. It is not stated by the appellant in her evidence that the shop vacated by Shri Sukumaran was not sufficien .....

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eed to have the scheduled property vacated. The High Court while considering this aspect observed: "The scheduled premises as admitted by Smt Maqboolunnisa is about 10' x 15'. It is also admitted by her that adjacent premises occupied by .....

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rea and dimensions of the shop vacated by Sukumaran, Smt Maqboolunnisa PW 1 admits as under: 'The scheduled shop and adjacent shop are of same measurement. It may be little less than 10' x 15'.' Though PW 2 stated that the scheduled s .....

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