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1978 Supreme(MP) 119

H.G.MISHRA
Bhanu Prakash Agarwal – Appellant
Versus
Munnalal – Respondent


Advocates:
K.L. Mangal, for Applicant; U.K. Jain, for Opposite Parties.

Judgement

ORDER :- This is a revision directed against order dated 4-4-1977 passed by the trial Court rejecting the plaintiff's application for amendment to incorporate subsequent event in the plaint.

2. Facts essential for present purposes are that the plaintiff-applicant filed the present suit against the defendant-non-applicants for ejectment from the suit shop on the grounds (i) under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) for default of payment of arrears of rent in spite of service of the notice of demand order; (ii) Section 12(1)(c) of the Act viz., creation of nuisance and (iii) Section 12(1)(h) of the Act viz., requirement for construction.

3. The defendant submitted written statement and denied the claim of the plaintiff for ejectment and alleged that none of the grounds are available to the plaintiff.

4. The issues were framed by the trial Court. Thereafter before commencement of the evidence of the parties, the plaintiff submitted an application dated 9-12-1975 for amendment of plaint on the basis of subsequent event viz., that the defendant has during the pendency of the suit, unlawfully inducted in a sub-tenant Ja


















































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