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1992 Supreme(MP) 158

GULAB C.GUPTA
SANTOSH KUMAR JAIN – Appellant
Versus
SHAMBHULAL KRISHNA KUMAR SUHANE – Respondent


Advocates Appeared:
M.L.JAISWAL, T.C.Naik

GULAB C. GUPTA, J.

( 1 ) THIS judgement will also govern the disposal of Second Appeals Nos. 371/87, 372/87 and 389/87 which raise common questions of fact and law for decision of this Court. These are plaintiff's appeals under S. 100, C. P. C. challenging the legality and validity of judgement and decree dated 27-7-1987 passed by Addl. District Judge Katni in Civil Appeals Nos. 19-A/82, 20-A/82, 18-A/82 and 21-A/82, reversing the judgement and decree passed by the Second Civil Judge Class II, Mudwara in Civil Suits Nos. 171-A/78, 172-A/78, 178-A/78 and 179-A/78 dated 30-4-82 and dismissing the appellant's suit for eviction.

( 2 ) FACTS covering controversies between the parties and necessary for decision of these appeals are that Sumerchand Jain, the father of the appellants, had let out the suit accommodation, consisting of a shop bearing House No. 27 and godown in the same premises to the defendant by creating two separate tenancies in his favour. The shop was first let out on a rent of Rs. 175/- per month. After sometime the godown was also let out on a monthly rent of Rs. 45/ -. Later on, on 11-10-75, the said Shri Sumerchand Jain effected a partition in his family and gave the












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