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ashu kumar (manager)     01 October 2011

Experts please help

 

Hello experts.

thanks for everyone who has been contributing on this amazing legal forum.i am desperately seeking an advice.

we own a house in haryana, on the front side of our house,near the entrance gate, there is a shop, which we rented out some 22 yrs back. in 2008 we filed a petition against our tenant for eviction under bonafide requirement.. landlord( my grand pa) needs that shop to start a business of cloth merchant for his own purpose..0N the back side of our house we had one another shop ,which we rented out for one yesr (in 1995).we made a rent deed also for that shop. then after got vacated we covered that shop in our house.now that shop is part of our house.. in our eviction petition we didnt mention that another shop and denying the existence of that shop also in cross-examination we deposed that we never had any of the tenant in that shop. but in his plea, respondent showed the(year 95) rent deed of another shop and asserted that the landlord has another shop which he just covered the entrance of that shop with bricks. in order to merely show that he doesnt have any another shop to start his business.eventually the court rejected our plea for eviction on the ground of concealment of the fact that the landord was not come wih clean hands . he concealed the existence of another shop. but the truth is that another shop is just part of our house..we cant consider it a shop. NOW WE ARE PLANNING TO APPEAL AGAINST THE DECISION IN SESSION COURT. MY QUESTION IS HOW LIKELY IS THE THINGS WILL IN FAVOUR OF US AND THE THINGS KEEP IN WHILE FILING AN APPEAL

THANKS AND REGARDS

ASHU


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