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1989 Supreme(MP) 22

S.K.DUBEY
VITHALRAO – Appellant
Versus
GANGARAM – Respondent


Advocates Appeared:
A.H.KHAN

S. K. DUBEY, J.

( 1 ) THE appellant-landlord has come up in this Second Appeal against an order dt. 21-1-88. passed by the District Judge, Dhar in Civil Appeal No. 1-A/78, under S. 18 (3) of the M. P. Accommodation Control Act,1961.

( 2 ) THE brief facts leading to this appeal are thus: The appellant filed a suit in the year 1975 for ejectment in respect of the suit premises situated at house No. 271, Pipli Bazar, Dhar on the ground of S. 12 (1) (h) and on other grounds. The suit was decreed under S. 12 (1) (h) of the Act, as the accommodation was required bona fide by the landlord for the purpose of rebuilding or making substantial additions or alterations and in the opinion of the decreeing Court, such rebuilding or additions or alterations could not be carried out without the accommodation being vacant. Against this, the tenant-respondent filed an appeal, which was dismissed. A second appeal was preferred, wherein the decree of the Courts below was confirmed by the High Court with a direction to the tenant to give vacant possession on or before 30-6-85 and the landlord was to commence reconstruction on or before 30-6/ 85 and after completion of the same to redeliver the possessio









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