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2010 Supreme(Chh) 253

T.P.SHARMA
HANSA DEVI – Appellant
Versus
KARTAR SINGH ARORA (DEAD) SOBHAGYWATIARORA – Respondent


Advocates appeared:
Mr. R.P. Agrawal. Senior Advocate with Mr. Sharad Gupta, Advocate, for the Appellant.
Mr. Ravish Chand Agrawal, Senior Advocate with Mr. Sumesh Bajaj, Advocate, for the Respondents.

JUDGMENT

1. By this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'the Code'), the appellant has challenged legality & propriety of the judgment & decree dated 29-10-93 passed by the 5th Additional District Judge, Bilaspur in Civil Appeal No.lA/93 reversing the judgment & decree dated 30-1-93 passed by the 4th Civil Judge Class-II, Bilaspur in Civil Suit No.160A/90, whereby the decree for eviction on the ground of bona fide need for non-residential purpose passed by the 4th Civil Judge Class-II was reversed by the lower appellate Court.

2. Present appeal has been admitted for consideration on the following substantial questions of law:-

1. Whether the lower appellate Court was justified in reversing the judgment and decree of the trial Court in view of the evidence of respondent No.1?

Additional question

I. Whether the lower Appellate Court erred in reversing the decree for eviction passed by the trial Court under Section 12 (1) (t) of the M.P. Accommodation Control Act, 1961 on the ground that the plaintiff led no evidence to prove existence of an alternative accommodation, due to ignoring that there was no specific denial of the pleadings contained in





































































































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