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2021 Supreme(Chh) 76

SANJAY K.AGRAWAL
Ram Kumar Kashyap, S/o Shambhu Prasad Kashyap – Appellant
Versus
Kishore Desai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.P. Gupta, Advocate

JUDGMENT :

1. This second appeal preferred by the appellant/plaintiff was admitted for hearing on 09/02/2021 by formulating the following substantial question of law :

    “Whether the First Appellate Court is justified in reversing the judgment and decree of the Trial Court passed under Section 12(1)(f) of the Accommodation Control Act, 1961 by recording a finding perverse to the record ?”

[The parties will hereinafter be referred to as per their status given and ranking shown before the trial Court.]

2. Plaintiff, being the owner and landlord of suit shop situated at Agrasen Chowk, Bilaspur admeasuring 9 x 22 sq. ft., let out the suit shop to the defendant for monthly rent of Rs. 930/for the purpose of godown for which the defendant was paying rent from December, 2005. It was pleaded by the plaintiff that the suit shop is required for his and his son's bona fide need for the purpose of carrying out their business and they have no alternative accommodation in the township of Bilaspur to fulfill their need and at present plaintiff is carrying out his business of selling vegetables from a temporary shop in front of his house which is being dismantled from time to time by the Municipal Corp

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