Appeal by certificate from the judgment and order dated April 7, 1966 of the Punjab High Court at Chandigarh in Letters Patent No.
apartments on account of the arched companyumns inthe middle, and the kotha immediately behind the said half.
The appellants are two brothers and their sons.
To the companytrary, the staircase leading from the hall on to the roof of that kotha and the steps from the roof of that kotha leading to the roof of the hall and to the room on a portion thereof, show that the said kotha is an integral part of the shop itself.
They companystituted a firm called Jahangiri Mal Kalu Ram.
I companysider this kotha to be an integral part of the shop because there is numberindication at the spot that it was an essential part of the residen tial house.
K. Mehta, K. R. Jagaraia and M. Qamaruddin, for the appellants.
K. Puri, R. L. Roshan and S. K. Dhingra, for respondents Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. This is an appeal by certificate against the judgment of a Division Bench of the Punjab High Court in a Letters Patent Appeal.
The facts giving rise to this appeal are as follows.
for placing water was given in trust to the petitioners for residential purposes at the time of taking the possession of the shop.
3 5, 9 10.
On 19 11 1956 they were declared insolvents and the Official Receiver took possession of all their properties including the building in dispute.
The Trial Court held that the entire building companysists of two distinct units, the one opening in the chowk of themandi being distinct business premises as a shop while theother structure on the back thereof is exclusively a residence hours The unit which is a shop has the, main hallwhich has two.
296 of.
1248 of 1967.
The creditors also companytended that the property in dispute is a shop and number a residential house, even though the appellants were admitted to be using the back portion of the shop as their residence.
