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1991 Supreme(MP) 265

A.G.QURESHI
SURESH KUMAR – Appellant
Versus
GODAVERIBAI – Respondent


Advocates Appeared:
KAILASH AGARWAL, SABU

A. G. QURESHI, J.

( 1 ) THIS revision petition is directed against the order dated 28-12-1990, passed by the Rent Controlling Authority, Indore in Case No. 90 (7) 10/90, whereby the application filed by the applicant under Order 9, Rule 7, C. P. C. dated 4-5-1990 was dismissed.

( 2 ) THE short facts of the case are that the present non-applicant Smt. Godaveribai had filed an application under Section 23-A (2) of the M. P. Accommodation Control Act before the lower Court for seeking eviction of house No. B-3 situated in Saket Nagar, Indore on the ground of bona fide need for residence of herself and her family members. The lower Court issued a notice of the eviction application against the present applicant but the notice was not served on the applicant himself. Instead of a report was given by the process-server that he had gone to the address given for serving the notice on the respondent but the respondent was found absent. However, his father Shri Ramgopal Khandelwal was present who took the notice, read it and returned it and refused to take the notice. Shri Ramgopal Khandelwal resides with Suresh Kumar. On the aforesaid report of the process-server the court vide its order date







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