VARIETY EMPORIUM Vs. V R M MOHAMMAD IBRAHIM NAINA
LAWS(SC)-1984-11-9
SUPREME COURT OF INDIA
Decided on November 27,1984

VARIETY EMPORIUM Appellant
VERSUS
V.R.M.MOHD.IBRAHIM NAINA Respondents

JUDGEMENT

Chandrachud, C.J. - (1.) The respondent-landlord filed, 7 petitions for ejectment against 7 different tenants. Four out of these occupied shop premises on the ground floor and the other 3 occupied residential premises on the first floor of a building situated at Door No. 14, Pursuawalkam High Road, Madras. The appellant is one of the four tenants of a shop on the ground floor.
(2.) The case of the respondent is that he is running a wholesale business in textiles on the first floor of a building at 93 Godown Street. Madras; that it is inconvenient and uneconomical for him to carry on his business there that he was incurring heavy losses in his wholesale business by reason of conditions peculiar to the location of his business and that, therefore, he wanted to wind up the wholesale business and start a retail business in the building which was in the occupation of his tenants.
(3.) The learned trial Judge decreed all the petitions and passed orders of eviction against every one of the 7 tenants. One of these, who occupied a so-called shop measuring 4' x 4' under a stairway, acquiesced in the decree of eviction passed against him. The other 3 tenants of the shop premises challenged the decrees of eviction passed against them by riling appeals before the Appellate Authority. In so far as the residential premises are concerned, 2 out of the 3 tenants on the first floor filed appeals against the eviction decrees. The third tenant, like the ground floor tenant under the stairway, acquiesced in the decree. In short, 5 out of the 7 tenants against whom decrees for eviction were passed, filed appeals while the remaining two did not.;


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