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2005 Supreme(MP) 1179

A.K.SAXENA
Pandharinath – Appellant
Versus
Rukminibai – Respondent


Advocates:
R.D. Hundikar for appellant.

JUDGMENT

1. These two appeals are being disposed of by this judgment as these appeals arise out of the common judgment passed by First Additional Judge to the Court of Disrict Judge, Khandwa, in Civil Appeals No. 59N 83 and 60N83.

2. Being aggrieved by the judgment and decree dated 11.3.1991 passed by the Court of First Additional Judge to the Court of District Judge, Khandwa in Civil Appeal No. 59-N83 and Civil Appeal No.60-N83 arising out of the judgment passed by the Second Civil Judge Class-II, Khandwa on 8.9.1983 in Civil Suit No. 27-N77, the appellant-plaintiff preferred these two appeals.

3. The appellant-plaintiff filed the civil suit for eviction of Chotu @ Chotelal, who was husband/father of respondents, from the suit property on these grounds that the appellant is owner and landlord of the disputed house and the defendant was his tenant at Rs. 7/- per month. The defendant Chotelal failed to pay the rent since 1st April, 1974 despite notice. The house is in dilapidated condition and the defendant has materially altered the accommodation by making construction without written sanction of the plaintiff. The house is not fit for human habitation. The defendant also denied the o


























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