DHAN RAJ vs LEGAL REP. OF NEMI CHAND .

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, while the respondent had another shop, leading to greater hardship for the appellant. The Court emphasized that the issue of comparative hardship should have been decided in favor of the appellant, allowing him to operate independently without being forced to share the business with his brother.