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2010 Supreme(SC) 644

DALVEER BHANDARI, K.S.RADHAKRISHNAN
Sameer Kumar Pal – Appellant
Versus
Sheikh Akbar – Respondent


Advocates Appeared: For the Appellant:Rohit Arya, Sr. Advocate, Akshat Srivastav, Nitin Garu, P.P. Singh, Advocates. For the Respondent:Abdul Karim Ansari, Ram Swarup Sharma, Advocates.

JUDGMENT

Dalveer Bhandari, J.

1. This appeal is directed against the judgment and order of the High Court of Madhya Pradesh at Jabalpur dated 17.8.2001 passed in Second Appeal No.596 of 1999.

2. The appellant is particularly aggrieved by the impugned judgment because the concurrent findings of fact have been set aside by the High Court in the second appeal without any basis, justification or cogent grounds.

3. Brief facts necessary to dispose of this appeal are recapitulated as under:

Appellants Sameer Kumar Pal and Subhash Chandra Pal, both sons of Laxminarayan Pal (who were the plaintiffs in the trial court), filed a suit in the Court of the Civil Judge, Jabalpur. In the plaint, it was clearly incorporated that the appellants were the owners in possession of Shop No.1214 (Old No.892), New Corporation Chowk, Wright Town, Jabalpur. They purchased the said shop vide sale-deed dated 31.12.1991.

4. The appellants filed a suit for eviction against the defendants (respondents herein) under section 12(1)(c) (that the tenant has created nuisance), 12(1)(f) (for bona fide requirement of landlord for non-residential purposes) and 12(1)(g) (bona fide requirements of landlord to carry out repair

















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