LAWS(MPH)-2013-8-16

BANO BAI Vs. MILAN RADIO COMPANY

Decided On August 07, 2013
Bano Bai Appellant
V/S
Milan Radio Company Respondents

JUDGEMENT

(1.) THIS is plaintiffs' appeal against dismissal of their suit for eviction filed against respondents.

(2.) AT this stage before us it is not disputed that Smt. Bano Bai is the widow of Sardar Bhai and appellant No. 2 to 5 are her major sons. It is also undisputed that respondent No. 1 is a registered partnership firm and respondents No. 2A to 4 are partners thereof. There is no dispute that respondent No. 1 partnership firm is carrying on business in electrical and electronic goods from rented premises situated in Maharani Road in Indore and the monthly rent of the premises is 1100/-. Previous litigation between the parties relating to eviction of same premises is also an admitted fact which ended in a compromise long back but that is just by the way.

(3.) AT this stage, it is pertinent to point out that before us finding recorded against appellants on the ground covered by Section 12(1)(a) is not assailed, therefore, this aspect of the matter need not detain us any longer except to confirm the said finding recorded by the trial Court.