S.K.DUBEY, R.C.LAHOTI, T.N.SINGH
Munshi Khan – Appellant
Versus
Maya Devi – Respondent
Dr. T.N. Singh, J. -- 1. This appeal came up for hearing before R.C. Lahoti, J., who found an apparent conflict between the view taken in three decisions rendered by learned Single Judges of this Court on the question mooted in the appeal. The matter, thereafter, came up before a Division Bench of which he was also a member. However, he found unable to persuade himself to agree with the Presiding Judge (S.K. Dubey, J.) and as a result of difference of opinion between them, the controversy is to be finally resolved by me.
2. This is defendant's second appeal. Two Courts have decreed the suit of the plaintiff/respondent for his eviction on the "ground" contemplated under section 12 (1) (e) of the M.P. Accommodation Control Act, 1961, for short, the 'Act". The plaintiff's case was that she had purchased the suit premises on 18.9.1972 from one Noor Beg but she did not get vacant possession as the defendant was occupying the same as Noor Bag's tenant. After her purchase, for defendant's eviction, she instituted the suit on 2'5.6.1973 basing her claim on clauses (c) and (o) of section 12 (1). During the trial of the suit, on 10.4.1980, para 6-A was inserted in the plaint to add furth
6. Dhanpal Chettiar = (1980 JLJ 1
8. Rameshwar v. Jot Ram = (AIR 1976 SC 49)
11. Gulabbai = (AIR 1991 SC 1760)
13. Majati Suhbarao = (AIR 1989 SC 2187)
15. Nair Service Society = (AIR 1968 SC 1165)
18. Mohillder Kumar = (AIR 1986 SC 244)
2. Chandabai v. Phulchand = (1966 JLJ 312
9. P. Venkateswarlu v. Motor & General Traders = (AIR 1975 SC 1409)
10. Hasmat Rai = (1981 JLJ 716
12. Mya v. Maung Mo Hnaung = (AIR 1922 PC 249)
14. M. Laxmi & Co. = (AIR 1973 SC 171)
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