Boorgu Jagadeshwaraiah And Sons v. Pushpa Trading Co. .

Order

This is a landlord's appeal. The High Court has non-suited the appellant following the judgment of this Court in D. Devaji v. K. Sudarashana Rao 1994 Supp (1) SCC 729. The High Court came to the conclusion that the newly-constructed premises by the landlord was not suitable for the business which the landlord was doing, but following the judgment in Devaji case 1994 Supp (1) SCC 729 the High Court decided the appeal against the landlord. The learned counsel for the appellant has cited J. Pandu v. R. Narsubai (1987) 1 SCC 573 and Saroj Kumar Das (Dr) v. Arjun Prasad Jogani (1987) 4 SCC 262. We are of the view that it would be in the interest of justice that these maters be heard by a three-Judge Bench. The papers be placed before Hon'ble the Chief Justice for listing the matters before a three-Judge Bench.