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2016 Supreme(Chh) 382

SANJAY K.AGRAWAL
Suryakumar Bajpayee (wrongly typed as Suryajpayee), S/o. Late Prabhakar Dutt Bajpaee – Appellant
Versus
Vijay H. Bhojwani, S/o. Late H. N. Bhojwani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manoj Paranjape, Advocate.
For the Respondent:Mr. B.P. Sharma, Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

The substantial question of law involved, formulated and to be answered in this second appeal is as under :-

"Whether the first appellate Court is justified in dismissing the appeal as not maintainable in law ignoring the full Bench judgment of the MP High Court in the matter of Bhagwan Singh Ramcharan v. Mst. Kallo Maula Shah & Others; reported in 1977 MPLJ 583, in which it has been held that the order passed on the application under Section 18(3) of the Madhya Pradesh Accommodation Control Act is appellable as a decree."

2. The appellant/plaintiff instituted a suit for eviction on the ground of bona fide need and for reconstruction. The suit was compromised by the parties in Lok Adalat and compromise decree was passed with a condition that the tenant was required to vacate the suit premises and to hand over the vacant possession to the landlord/plaintiff within 15 days for reconstruction and thereafter, the landlord was required to raise construction and after reconstruction, one shop would be let out to the defendant/tenant on monthly rent of 1500/- to 1700/-. The landlord was required to complete the construction within six months. The defendant had

















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