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1991 Supreme(MP) 270

S.C.JAIN
SHANKARLAL – Appellant
Versus
ONKARLAL – Respondent


Advocates Appeared:
K.S.SISODIYA, R.G.VAGHAMARE, VADNEKAR

S. C. JAIN, J.

( 1 ) THIS second appeal by plaintiffs who were unsuccessful in their claim for eviction in the two courts below was by order dated 5-11-85 admitted for final hearing on the substantial question of law set out below :- "whether on facts and circumstances of the case defendant has acquired suitable vacant accommodation for residence and plaintiffs are entitled to eviction under S. 12 (1) (i) of the M. P. Accommodation Control Act ?"

( 2 ) THE plaintiffs case in brief is that they are owner of the house bearing No. 2, Kanoongo Bakhal, Indore. The defendant is a tenant of one room and osari for residential purpose on the first floor of the plaintiffs' commences from the first of every month according to English Calendar. The plaintiffs claimed for eviction on the ground under S. 12 (1) (e) and (it of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter called the Act) - Bona fide requirement for residence for himself and for any member of his family and there being no other alternative accommodation of his own in the city and that the defendant has acquired vacant possession of house bearing No. 13/30 Peer Gali, Indore on 28-12-1972 which is suitable for his re













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