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2006 Supreme(MP) 695

W.A.SHAH
Shyamsingh – Appellant
Versus
Mulyabai – Respondent


Advocates:
Pratap Mehta for appellant;
S.K. Shastri for respondent.

JUDGMENT

1. This is defendant's second appeal under section 100 of the Code of Civil Procedure. It is directed against the judgment and decree dated 9.5.2005 passed by learned Second Additional District Judge, Ujjain, in Civil Appeal No. 41-A/2005 confirming the judgment and decree dated 20.1.2005 passed by learned First Civil Judge, Class II, Ujjain, in Civil Suit No. 167-A/2004 discarding other matters and directing eviction of the defendant from the tenanted premises specified in plaint, on the ground of bona fide requirement under section 12(1)(e) of the M.P. Accommodation Control Act, 1961 ("Act" hereafter).

2. The respondent-plaintiff filed a suit against the appellant-defendant on 9.11.1998 for arrears of rent, eviction and mesne profits relating to tenanted premises. Decree for eviction was prayed on the grounds as envisaged under sections 12(1)(a), (c) and (e) of the Act. The plaintiff also specifically pleaded that she was a divorcee as her husband had divorced her according to chhod chhutti mode prevalent in their society by custom. The defendant resisted the suit. It was also stated by him that in view of plaintiff's special category of divorced wife landlord within the m















































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