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2006 Supreme(Chh) 390

S.K.SINHA
BHARAT PETROLEUM CORPORATION LTD. – Appellant
Versus
ANURAG AGRAWAL – Respondent


Advocates appeared:
Shri Shrikumar Agrawal, Sr. Advocate with Shri Anand Gupta, for the Appellant.
Shri Prafull Bharat, for the Respondent.

JUDGMENT

Shri Sunil Kumar Sinha, J. ;-

1. This is the defendant's second appeal, who lost in both the courts below. It arises out of judgment and decree dated 22.7.1994 passed by the District Judge, Bastar, Jagdalpur, in Civil Appeal No. 5-A/1990 arising out of judgment and decree dated 26: 1 0.1990 passed in Civil Suit No.39-A/1989 by the Additional Civil Judge, Class-I, JagdaJpur, Distt. Bastar. This appeal was admitted for hearing on 12.9.1995 on the following substantial questions of law :


(1) Whether the lease coupled with licence granted in favour of the present appellant was irrevocable?

(2) If yes, whether a suit under the M.P. Accommodation Control Act was not competent?

2. The facts, briefly stated, are that the plaintiff filed the suit for arrears of rent and eviction from the tenanted accommodation, which is an open land, on which the defendant is mooing a retail petroleum outlet. The plaint allegations are that this land was previously owned by one Shri Abbas Ali Jama, from whom the plaintiff had purchased it through a registered sale deed dated 28.11.1983 and consequently, he became the landlord thereof. On a need to construct a house, the plaintiff required the said


















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