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2010 Supreme(SC) 761

AFTAB ALAM, T.S.THAKUR
D. V. Paul – Appellant
Versus
Manisha Lalwani – Respondent


Advocates appeared:
For the Appellants:Harish N. Salve, Siddhartha Chowdhury, Kavin Gulati, Ms. Meenakshi Grover, Advocates For the Respondents:Ravindra Shrivastava, Senior Advocate, Akshat Shrivastava, Anup Jain (for P.P. Singh), Advocates.

Judgment :-

T.S. Thakur.

Leave granted.

2. This appeals arise out of orders dated 17th June, 2009 and 30th July, 2009 passed by the High Court of Madhya Pradesh at Jabalpur whereby an application seeking extension of time for deposit of a sum of Rs.10,000/-by the appellant in terms of a judgment and decree dated 4th May, 2006 passed by the High Court in FA No.108/2003 has been dismissed.

3. The respondent Smt. Manisha Lalwani filed a suit for eviction of the appellant under the M.P. Accommodation Control Act, 1961 before the Additional District Judge, Fast Track Katni, alleging nuisance within the meaning of Section 12(1)(c) of the Act, for default in payment of rent contrary to Section 12(1)(a), damage to the premises contrary to Section 12(1)(k) and material alteration of the accommodation to the detriment of the landlord's interest diminishing the value of the property contrary to Section 12(1)(m) of the M.P. Accommodation Control Act, 1961 as grounds for eviction. The suit was contested by the appellant and eventually dismissed by the Trial Court holding that none of the allegations made by the respondent had been proved by her. Aggrieved by the said dismissal, the respondent ap





























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