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2010 Supreme(Chh) 106

PRASHANT KUMAR MISHRA
Suresh Kumar – Appellant
Versus
Mahavir Singh Gupta (dead) through his L. Rs. – Respondent


JUDGMENT

Prashant Kumar Mishra, J.

1. In the instant second appeal under Section 100 of the Code of Civil Procedure, 1908, the Appellant/Defendant/tenant has challenged the judgment and decree dated 18-1-1993 in Civil Appeal No. 14-A/92 passed by the first appellate Court affirming the judgment and decree of eviction dated 21-7-1992 in Civil Suit No. 124-A/91 passed by the trial Court in favour of the Respondent/Plaintiff/landlord for Appellant's eviction from the suit premises on grounds covered under Clauses (b) and (d) of Sub-section (1) of Section 12 of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act, 1961').

2. The Plaintiff preferred the suit on 7-1 -1991 on the pleadings that the Defendant is his tenant in the shop situated on the front side of his house at Apapura Ward within the area of Durg Municipal Corporation on a monthly rent of Rs. 375/- and is carrying on the business in the name and style of Vishal Footwear. The Defendant has closed the suit shop from the last week of June, 1990 and from 1-7-1990 he has shifted his footwear business to a shop situated at Indira Market, Opposite Kailash Hotel, Hatri Bazar, Durg and, thus, the accommodation has not


























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