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2004 Supreme(MP) 335

S.K.SETH
Devendra Chaudhary – Appellant
Versus
Warsilal Dua – Respondent


Advocates:
U.K. Choukse for appellants;
D.D. Vyas with Smt. Anita Sharma for respondent.

JUDGMENT

1. This appeal at the instance of defendants-tenants is directed against the judgment and decree dated 31.8.2001 passed by the I Additional District Judge, Neemuch, in First Appeal No. 22-A/2001. By the impugned judgment and decree, the appeal preferred by the plaintiff-landlord was allowed and dismissal of the suit as ordered by the trial Court was set aside and a decree for eviction under S. 12(1) (a), (b) and (c) of the M.P. Accommodation Control Act, 1961 (for short 'the Act') was granted.

2. Respondent (hereinafter referred to as 'plaintiff') filed a suit for eviction against appellants (hereinafter referred to as 'defendants') on the allegation that he is the owner and landlord of the Shop No. 6 situated on Mhow Nasirabad Road, Neemuch (hereinafter referred to as 'suit shop' for short). It was let out to defendants on monthly rent of Rs. 800/- (Rs. Eight hundred) for commercial purposes for running office and sale of machinery parts. Although tenancy commenced from 1.9.1988, but a Rent Note was executed on 1.10.1988. Under the rent note a sum of Rs. 22,000/- (Rupees Twenty two thousand only) was deposited by the defendants-tenants as security deposit for payment of ren


















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