GH ABASS RATHER Vs. AB AHAD WANI

JUDGEMENT

(1.) THIS is a review petition against the orders dated 3 -5 -1985 passed by this court in civil suit No 93 of 1985 and C. M. P. No. 95 of 1985 allowing an application for withdrawal of the said suit.

(2.) THE facts giving rise to this petition are stated as under: -

(3.) THE respondents 1 and 2 herein filed a suit in this court on 5 -3 -1985 against the petitioner herein and respondent No. 3 praying for a declaratory decree that they are entitled to continue in the suit shop and for issuance of permanent injunction against the petitioner herein. The petitioner is the owner of the suit shop and respondent No, 3 Smt. Ram Sharma was his tenant. She was conducting the business of photography in the said shop. She entered with partnership with the respondents 1 and 2 on 10 -10 -1985 for running the said business. The said partnership however, was dissolved by them on 4 -3 -1985. According to the terms and conditions of the said dissolution deed of the partnership the respondents 1 and 2 became the tenants of the suit shop and had to pay rent to the petitioner as the owner of the shop. It was alleged in the suit by respondents 1 and 2 that the petitioner was threatening to evict them from the shop and hence they filed the suit