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1978 Supreme(MP) 20

H.G.MISHRA
LAKHMICHAND KASLIWAL – Appellant
Versus
GOPALDAS NIKHARA – Respondent


Advocates Appeared:
J.K.Jain, N.K.JAIN

H. G. MISHRA, J.

( 1 ) THIS is a revision directed against an order dated 26-7-77 whereby an amendment of the plaintiff's plaint based on subsequent event has been rejected by the trial court.

( 2 ) THE plaintiff-applicant 'herein had filed a suit for ejectment from the suit shop on the grounds under Sections12 (1) (a) and 12 (1) (b) of the M. P. Accommodation Control Act, 1961. It was alleged in the plaint that at the time of the Institution of the suit two sub-tenants namely, Ashok Kumar Manibhai patel and Rameshwar Dayal were occupying the suit premises but later on the said subtenants had vacated and other subtenants, namely, Dhan Kumar and the Bombay Textile Printers and Venus Advertisers (a partnership firm) were inducted, respectively w. e. f 15-6-76 and 31-7-76 in the suit premises.

( 3 ) THE suit was instituted on 11-9-75, Thus the amendment sought by the plaintiff by his application dated 9-5-77 is based on subsequent event.

( 4 ) THIS application was opposed by the defendant and has been rejected by the impugned order on the ground that the plaintiff is not entitled to base his suit on the ground which has come into existence during the pendency of the suit.

( 5 ) THE le







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