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1995 Supreme(MP) 923

R.S.GARG
PUSKAR SHARMA – Appellant
Versus
SUDHA MISHRA – Respondent


Advocates Appeared:
K.K.TRIVEDI, Kishore Shrivastava

R. S. GARG, J.

( 1 ) THE appellant being aggrieved by the judgment and decree dated 9-2-1994 passed in regular Civil Appeal No. 1-A/92 by the learned II Addl. Judge to the Court of Distt. Judge, Bilaspur, reversing the judgment and decree dated 21-10-1991 passed in Civil Suit No. 22-A/91 by the learned VI Civil Judge, Class II, has preferred this appeal.

( 2 ) THE brief fact leading to the appeal are that the respondent/landlord having succeeded to the property in a will executed by Siyavarsharan filed a suit for eviction of the appellant/tenant Ramsewak alleging that the tenant has not paid the rent despite demand, has changed the user of the premises, the premises are needed bona fide by the landlord the premises need repairs and the tenant has acquired vacant possession of the accommodation suitable for his residence. The original tenant Ramsewak contested the suit on all possible grounds and contended that he was not liable to be evicted. It was submitted that the user of the suit premises has not been changed. The premises did not need repairs and the tenant has not acquired an accommodation suitable for his residence. The learned trial Court, after hearing the parties, came to









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