Dhan Raj vs Legal Rep. Of Nemi Chand & Ors

The Supreme Court set aside the judgments of the High Court and the Additional District Judge, Barmer, restoring the decree of the Additional Civil Judge, Barmer in Civil Suit No.41 of 1993. The Court held that the appellant had a genuine and bona fide need for the shop to conduct independent business, emphasizing that comparative hardship favored the appellant as he had no other shop, while the respondent owned another shop. The Court ruled that the appellant cannot be compelled to run a business jointly with his brother, thus allowing the appeal and granting time for the respondents to vacate the premises.