SANT LAL Vs. NORIA MAL

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned Senior Sub -Judge dated 17th of April, 1973 by which he reversed the finding of the learned trial Court on issue No. 3, which is as follows: -

(2.) THE Learned Counsel for the respondent has relied on a single Bench decision in Gaurishanker v. Magharam : AIR 1974 Raj. 238, wherein a similar view was taken. In the said authority, reference has been made to a Full Bench decision of the Allahabad High Court in Ram Sarup v. Tika Ram Vakil : AIR 1991 All. 13(2) (FB), wherein it was held that an element of continuity and habit is essential to constitute the exercise of a profession or business.

(3.) CIVIL Misc. No. 762 CII of 1975 is also dismissed as having become infructuous.