LADY DR NIRMAL KUSHWAHA Vs. KAILASHNATH AGARWAL

JUDGEMENT

(1.) The respondent No. 1 filed Suit No. 250 of 1980 against the appellant and respondent Nos. 2 and 3 for eviction from the disputed shop and recovery of damages. In brief, the case of the respondent No. 1 is that he was tenant of two adjoining shops of premises No. 46, Rail Bazar, Kanpur Nagar on monthly rent of Rs. 315 per month of Sri Prakash Chandra Agarwal. That in one shop, he was carrying on the business of sale of medicines and other articles. That another shop was given by him to the appellant on licence of Rs. 100 per month as licence fee to use it for running the clinic. That the appellant is doctor by profession and running her clinic in the said shop as licensee. That she has not vacated the shop. Therefore, the suit was filed.

(2.) The trial court dismissed the suit. Aggrieved by it, the respondent No. 1 preferred Civil Appeal No. 309 of 1983 which has been allowed and suit for eviction of the appellant from the disputed shop and for recovery of damages has been decreed. Aggrieved by it, the present second appeal has been preferred.

(3.) I have heard Sri S. N. Verma, learned senior advocate, assisted by Sri Sharad Malviya. learned counsel for the appellant and Sri A. K. Gupta, learned counsel for the respondent No. 1.