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1989 Supreme(MP) 165

A.G.QURESHI, S.K.DUBEY
CHHUTBAI – Appellant
Versus
MADANLAL – Respondent


Advocates Appeared:
A.R.TIWARI, G.M.CHAPHEKAR, R.G.VAGHAMARE, SAMVATSAR

S. K. DUBEY, J.

( 1 ) THIS is a petition under Arts. 226 and 227 of the Constitution of India.

( 2 ) THE material facts leading to this petition, briefly, are as follows : the petitioners and respondent 2 Natthu Prasad were the tenants of Prahladdas. Prahlad Das filed a suit for ejectment under S. 12 (1) (a), (f) and (g) of the M. P. Accommodation Control Act, 1961, against the petitioner and respondent 2, in the Court of Civil Judge, Class-II, Mhow. Summonses were issued to the petitioners and respondent 2 intimating the date of first hearing as 16th of June, 1965. The summons accompanied with a copy of the plaint was served upon respondent 2 but the summonses on the petitioners were served without the copy of the plaint. On the date fixed, i. e. 16-6-1965, the petitioners did not appear. An ex parte decree was, therefore, passed on 19-6-1965, But Prahlad Das, the decree-holder, continued to realise the rent from the petitioners and respondent 2 for sufficiently long time i. e. for about 10 years without taking any action to execute the ex parte decree and for seeking eviction. For the first time, on 18-8-1975, Prahlad Das sent a vague notice stating therein that a decree for evic










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