S BHAGWANT SINGH Vs. JAGAN NATH

JUDGEMENT

(1.) These are four appeals against the order of the Additional District Judge, Delhi dated October 7, 1972.

(2.) . First the facts. There is shop No. 89 situated at Ghaffar Market, Karol Bagh, New Delhi. Sajjan Singh was the owner of the shop. He allowed Jagan Nath and his brother Tarlok Nath to use a part of the verandah outside his shop for selling their wares. This was in the year 1957. It was agreed that Jagan Nath will pay Rs. 5.50 per day for the use of a portion of the veraadah. This came to Rs. 165.00 per month.

(3.) . Jagan Nath put a counter in a portion of the verandah. He put three almirahs. One almirah is hanging on one of the pillars of the verandah. The other almirah is on a portion of the wall. The third almirah is hanging on the common wall of shops Nos. 89 and 90. It is full length almirah up to the end of the wall. Jagan Nath is selling ladies' purses at the counter.