T.P.SHARMA
HANSA DEVI – Appellant
Versus
KARTAR SINGH ARORA (DEAD) SOBHAGYWATIARORA – Respondent
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
1. (2006) 5 SCC 545, Hero Vinoth (Minor) Vs. Seshammal 15, 17
6. (2001) 3 SCC 179, Santosh Hazari Vs. Purushottam Tiwari (Deceased) by LRs 15, 17
7. 2000(II) MPWN (142), Zehra Bai (Mst.) Vs. Jagmohan Arora 12
9. (1999) 1 SCC 141, Ram Narain Arora Vs. Asha Rani and others 12
10. AIR 1998 SC 3063, Sheel Chand Vs. Prakash Chand 15,17
12. 1994 JLJ 486, Anar Devi Vs. Nathuram 12,27
13, (1993) 4 SCC 6, Lohia Properties (P) Ltd., Tinsukia, Dibrugarh
16. AIR 1988 SC 1413, Tej Bhan Madan Vs. II Additional District Judge and others 15
17. AIR 1988 SC 1858, Dilbagrai Punjabi Vs. Sharad Chandra 12
19. 1983 MPLJ 350, Deen Dayal Ram Ratan Vs. Sita Ram and others 12
22. AIR 1964 SC 538, Badat and Co.
23. AIR 1963 SC 1633, Madamanchi Ramappa and another Vs. Muthaluru Bojjappa 15,17
25. AIR 1960 SC 100, Narayan Bhagwantrao Gosavi Balajiwale Vs. Gopal Vinayak Gosavi and others 12
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