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2022 Supreme(Chh) 291

NARENDRA KUMAR VYAS
Parmesh Miri, S/o Churavan Miri – Appellant
Versus
Kumari Bai, Wd/o Late Kalicharan – Respondent


Advocates Appeared:
For the Appellant :Mr. N.K. Malaviya, Advocate.
For the Respondent:Mr. Pallav Mishra, Advocate.

JUDGMENT :

1. Heard on admission.

2. This second appeal has been filed by the appellant/defendant under Section 100 of the C.P.C. against judgment and decree dated 18.01.2017 passed by Additional District Judge, Mungeli, District- Mungeli (C.G.) in Civil Appeal No. 01-A/2015 (Parmesh Miri Vs. Smt. Kumaribai), affirming the judgment and decree dated 06.01.2015 passed by Second Civil Judge Class-I, Mungeli, District- Mungeli (C.G.) in Civil Suit No. S 90A/2014.

3. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. S 90A/2014 which was filed before the trial Court for eviction of defendant, possession of the suit property and for recovery of arrears of rent.

4. The brief facts, as reflected from the plaint averments, are that the plaintiff has filed the civil suit mainly contending that the plaintiff is title holder of the house i.e. suit property situated at Karhi, Tahsil-Mungeli, District- Bilaspur mentioned in Schedule- A of the plaint. The house has been given to the defendant on rent of Rs. 500/- per month from 10.08.2010. Since the plaintiff and defendants belong to same family having good relation, therefore, they have not ma

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