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1976 Supreme(SC) 229

A.C.GUPTA, R.S.SARKARIA, Y.V.CHANDRACHUD
Damadilal – Appellant
Versus
Parashram – Respondent


Advocates:
F.S.NARIMAN, J.B.DADACHAN, K.J.JOHN, P.C.BHARTARI, R.P.PANDEY, S.S.Khanduja, S.V.Gupta

JUDGMENT

A. G. GUPTA, J. :— Damadi Lal, Sheo Prasad and Tirath Prasad who were members of a Hindu joint family brought a suit for ejectment on July 31, 1962 against their tenants Begamal and Budharmal on the grounds mentioned in cls. (a) and (f) of Sec. 12 (1) of the Madhya Pradesh Accommodation Control Act, 1961, The relevant provisions are in these terms :

"Sec. 12. Restriction on eviction of tenants. - (1) Notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more orf the following grounds only, namely:-

(a) That the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the prescribed manner;

x x x x

x x x x

(f) that the accommodation let for non-residential purposes is required bona fide by the landlord for the purpose of continuing or starting his business or that of any of his major sons or unmarried daughters if he is the owner thereof or for any person for whose benefi






























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