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2005 Supreme(MP) 1035

A.M.NAIK
Ramgopal Kanhaiyalal – Appellant
Versus
Dinanath Gyasilal – Respondent


Advocates:
N.K. Jain and K.N. Gupta with Arvind Dwivedi for appellant;
R.D. Jain with M.B. Mangal for respondent.

JUDGMENT

1. This appeal is by defendant-tenants against a decree for eviction granted under section 12(1)(a) and (c) of the M.P. Accommodation-Control Act, 1961.

2. Short facts leading to the appeal are that the plaintiff-respondents instituted a suit for eviction and recovery of arrears of rent from M/s. Ramgopal Kanhaiyalal, a partnership firm with the averments that the suit shop is owned by Smt. Saraswatibai (plaintiff No.2) which is occupied by the defendant as a tenant @ Rs.180/- per month under an oral tenancy w.e.f. 1.2.1974. The plaintiff No.2 is not well educated so she authorised plaintiff No.1 for looking after her property and realization of rent. The defendant was inducted into the suit shop by the plaintiff No.1 in the aforesaid capacity. It is stated in the plaint that accordingly, the plaintiff No.1 is also a landlord of the defendant and has been impleaded as a plaintiff in order to avoid legal complications. The property devolved upon plaintiff No.2 due to death of Vinod Kumar. The plaintiff No.2 became an exclusive owner of the suit shop on account of being mother of Vinod Kumar who died during his bachelorhood on 8.8.1973. It was further stated in the plaint that











































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