SHILLONG: The Chief Justice of High Court of Meghalaya, P C Pant has set aside the order passed by the court of KML Nongbri, Munsiff, Shillong related to the possession of a shop (DF-2) at Glory’s Plaza, Police Bazar.
The plaintiff one Abdul Muquit had filed a title suit in 2013 before the court of Munsiff, Shillong with a pleading that he runs a business in the name and style of M/S Fashion Corner,Shop No. DF-2 at Glory’s Plaza building.
He had also pleaded that the shop was taken on rent from R. Goenka in 1989. Abdul had also stated that since the room (Shop DF-2) was not ready for delivery, he was accommodated in shop no. C-3 on a temporary arrangement.
However, the petitioner Rajesh Kumar Agarwal had challenged this and the case was taken up by the Munsiff court. The order of the Munsiff court, however, was not favourable to Agarwal.
Aggrieved by the order passed by the Munsiff Court on May 27 this year, defendant Agarwal approached the High Court of Meghalaya for justice.
When the case was taken up recently, Advocate K Khan representing Agarwal has argued that the trial court (Munsiff) had completely misread the evidence on record.
The Counsel for the petitioner drew the attention of the High Court on the tenancy agreement executed on July 1,2008 by the land lord M/S Balchand Hariram represented by R S Goneka which discloses that shop no.DF-2 was let out to M/S Donbok Implex represented by its proprietor Rajesh Kumar Agarwal.
Attention of the Court was further drawn to the agreement dated 30.08.1989 executed by MS Balchand Hariram represented by RS Goenka in favour of M/S Fashion Corner represented by its proprietor Abdul Muquit whereby shop no. C-3 was allotted to him.
The Chief Justice has set aside the order passed by the Munsiff court and ordered to handover the possession of the shop no. DF-2 to Agarwal.