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2023 Supreme(Chh) 668

NARENDRA KUMAR VYAS
P. Reddeyya, S/o Late P. Shastranu – Appellant
Versus
Ramchandra Rath – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.P. Sharma & Ms. Anuja Sharma, Advocate.
For the Respondent:Mr. Manoj Paranjpe & Mr. Anurag Singh, Advocate.

JUDGMENT :

1. I.A. No. 03/2022, Application for amendment, is allowed.

2. The appellant is directed to incorporate the same.

3. Heard on admission.

4. This appeal has been preferred by the defendant under Section 100 of the Code of Civil Procedure, 1908 questioning the legality and propriety of the judgment and decree dated 15.07.2021 passed by the District Judge, Bastar, Place Jagdalpur in Civil Appeal No.11-A/2008, whereby, the lower appellate Court, while affirming the judgment and decree dated 02.09.2008 passed by First Civil Judge, Class-I, Jagdalpur in Civil Suit No. 1A/2005 has dismissed the defendant's appeal by partially modified the decree. The parties to this appeal shall be referred to hereinafter as per their description in the trial Court.

5. The brief facts, as reflected from records are that the plaintiff-Ramchandra Rath instituted a suit claiming decree for eviction of the defendant – P. Reddeyya on the grounds enumerated under Section 12(1)(e) and (g) of the Chhattisgarh Accommodation Control Act, 1961 (for short "Act, 1961") by submitting inter alia that the defendant was put in possession of the suit house situated at Rajendra Nagar, Jagdalpur as described in red col

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