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2000 Supreme(SC) 34

V.N.KHARE, S.N.PHUKAN
Ragavendra Kumar – Appellant
Versus
Firm Prem Machinary And Company – Respondent


JUDGMENT

Phukan, J.-This appeal at the instance of defendant-tenant is directed against the judgment and decree dated 14.5.98 passed by the High Court of M.P. at Jabalpur in Second Appeal No. 55/98 reversing the judgment and decree of two courts below passed in favour of the appellant.

2. The appellant herein shall be described as plaintiff-landlord and respondent as defendant-tenant hereinafter for the sake of convenience.

3. The plaintiff filed a suit under Section 12(1)(f) of M.P. Accommodation Control Act, 1961 for eviction of the defendant-tenant on the ground of bona fide requirement as he required the suit premises for opening a show-room of Indo-Suzuki motor-cycles and TVS-50 mopeds for which he was appointed sub-dealer. The trial Court came to the finding that the plaintiff-landlord was in bona fide need of the disputed premises for doing his own business and for this purpose no other suitable shop was available to him in the city of Chattarpur. The lower appellate Court after considering the evidence on record upheld the above finding of the trial Court and dismissed the appeal filed by the defendant-tenant.

4. The High Court in the second appeal framed the following two ques



















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