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1999 Supreme(SC) 1112

UMESH C.BANERJEE, G.B.PATTANAIK
SHAH BABU LAL – Appellant
Versus
MELA RAM – Respondent


( 1 ) LEAVE granted.

( 2 ) THE plaintiff landlord is the appellant against the judgment and decree of the High Court of Madhya Pradesh at Jabalpur in Second Appeal No. 110 of 1988. A suit for eviction was filed under Sections 12 (l) (c) and (f) of the madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as "the Act") for eviction of the defendant tenant, inter alia, on the ground that the premises are needed bona fide for the purpose of running a shop of agricultural-related medicines (insecticides ). The learned trial Judge decreed the said suit by judgment dated 3-12-1983 coming to a positive conclusion that the landlord has proved the fact that the premises are needed bona fide. The tenant then preferred an appeal and the lower appellate court reappreciated the entire evidence and dismissed the same agreeing with the conclusion and finding of the learned trial Judge. The respondent tenant preferred a second appeal to the High Court which was registered as Second appeal No. 110 of 1988. In course of hearing of the said second appeal, the high Court permitted the defendant-petitioner after coming to the conclusion that on the findings arrived at by the courts of

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