VIDYA WATI DECD Vs. HANS RAJ DECD

JUDGEMENT

(1.) . These two appeals arise from common judgment of an Additional District Judge dated March 31, 1983, by which he accepted the appeals RCA No. 14/73 and RCA No. 22173 and the suit filed by Nityanand, predecessor-in-interest of the appellants in RSA No. 248173 was dismissed while Suit No. 492/69 filed by Hans Raj predecessor-in-interest of the respondents in RSA No. 249/73 was decreed. For the purpose of facility I would describe the appellants i.e. successors-in-interest of Nityanand in RSA No. 248173 as "landlord" and the successor-in-interest of Hans Raj as "tenant".

(2.) . The question which would arise for decision in these appeals is as to whether there was a tenancy created in favour of the tenant in respect of the shop or a tenancy was created in respect of the business being run in the said shop ?

(3.) . The undisputed facts arc that Nityanand was the owner of the shop in question bearing No. 121/71 Sunder Nagar Market, New Delhi and he had given this shop to one Bahadur who was married to a European lady and he had started the business of cosmetics & hair dressing under the name and style of M/s. Andre Hair Dressing and Cosmetic Store in the said shop somewhere in the year 1958. The shop was well-equipped with all modern tools, machinery fittings fixtures furnitures and a telephone and an air-conditioner for running a sophisticated barbar shop. Bahadur had sold the said equipments for running the barbar shop and also the name under which the said shop was being run to Nityanand and Nityanand for about two years had run the barbar shop under the same name and style but not so successfully. At one point of time his brother was looking after the business. Still it appears that the business was being not run smoothly and Nityanand started looking for some person who could run the said business. It appears that at the relevant time the rent of the similar shop in the said market was about Rs. 125 or so per mensem.