the appellants 2 to 4 are carrying on business in the name of the first appellant d. n. singhavi aid s .13.
civil appellate jurisdiction civil appeal number 1643 of 1967 appeal by special leave from the judgment and order dated 4th september 1967 of the madhya pradesh high companyrt indore bench at indore in second appeal number 288 of 1967.
on october 10 1964 the respondent give the requisite numberice to them to vacate.
their shop?
it is situated in siyaganj indore.
v. phadke a if a. g. ratnaparkhi for the appellants.
the appeal companyrt reversed the judgment and decreed the suit for ejectment of the appellants.
companyrts below have held that it was being used predominantly as a shop by them and that a part of it was being used by them as their residence for the sake of more of efficient conduct of the business they were carrying on in the shop.
they are his brothers.
the respondent purchased the shop some time in 1953.
the respondent amba lal tribhuwan das is the owner of the suit accommodation.
v. patel a. t. m. sampath m. m. l. srivastava and e. agarwala for the respondent.
it is number run by the brothers in partnership.
the appellant were then carrying on their business in the shop.
numberview was expressed on this issue.
there the landlord carried on a business in a part of the building in a.i.r.
there were two other partners.
1954 nagpur 160.
the respondent filed an appeal from the judgment.
this business is thus of the family alone.
the trial companyrt held against the respondent on the second issue and dismissed the suit.
they are the tennants of the accommodation.
the appeal companyrt recorded this filling of fact ambalal plaintiff has stated that the partnership shop was previously run by his father.
they attorned to the respondent.
the judgment of the companyrt was delivered by dwivedi j. the facts of this case fall within a short compass.
