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2014 Supreme(Chh) 82

SANJAY K.AGRAWAL
Kamal Sharma – Appellant
Versus
Jethi Bai – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Sanjay Shyam Agrawal
For Respondents/Defendant: Parag Kotecha

JUDGMENT

Sanjay K. Agrawal, J.

1. This is defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908 (in short 'CPC') challenging the impugned judgment and decree dated 13/08/2013 passed by Second Additional District Judge, Rajnandgaon in Civil Appeal No. 68-A/2012, affirming the judgment and decree dated 23/08/2012 passed by First Civil Judge, Class-II, Rajnandgaon in Civil Suit No. 09-A/2011. Brief facts necessary for adjudication of this appeal are as under:

1.1. The plaintiffs' have instituted a suit, claiming eviction of defendant on the ground enumerated under Section 12(1) (a) and (e) of the Chhattisgarh Accommodation Control Act, 1961 (in short 'the Act of 1961'). It was pleaded that the defendant is occupying the suit house at the monthly rent of ` 200 and, despite service of demand-cum-quit notice, has neither paid the entire arrears of rent, nor has handed over its vacant possession to them. It is further pleaded further that, the plaintiff requires the suit house bonafidely for the residence of her grandson, namely-Trigun Sadani and, for which, suitable residential accommodation is not available in the city of Rajnandgaon.

1.2. The defendant contested









































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