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2009 Supreme(SC) 639

B.N.AGARWAL, G.S.SINGHVI
Kusum Devi – Appellant
Versus
Mohan Lal (dead) by L. Rs. – Respondent


Advocates appeared:
For the Appellant :H.L. Agarwal, Sr. Adv., Akshat Srivastava, P.P. Singh, Inderjeet Yadav, Advocates.
For the Respondents:Sakesh Kumar, Yogmaya Agnihotri, Ashok Kumar Singh, Advocates.

JUDGMENT

B.N. Agrawal, J.—

1. The appellant - landlady filed a suit for eviction of respondent-tenant from the suit premises under Section 12 (1)(a),(c),(e), (g) and (o) of the Madhya Pradesh Accommodation Control Act, 1961 [hereinafter referred to as ‘the Act’].

Decreeing the suit, the trial court directed the respondent to deliver vacant possession of the suit premises to the appellant and to pay the unpaid rental of Rs. 1080/- to her within one month. Being aggrieved, the respondent filed an appeal in the Court of IIIrd Additional District Judge, Damoh. Dismissing the appeal, the first appellate court held that the appellant was entitled to get vacant possession of the suit premises from the respondent only under clauses (e) and (g) of sub-section (1) of Section 12 of the Act. Aggrieved thereby, the respondent filed an appeal before the High Court of Madhya Pradesh. The High Court, by the impugned judgment, following the judgment in the case of Smt. Parmeshwari Devi vs. Thakur Nathu Singh1, 1998 (1) MPJR 462, a decision of the same High Court - while allowing the appeal and setting aside the decrees of eviction granted by both the courts below under clauses (e) and (g) of Sectio
























































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