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2001 Supreme(MP) 573

S.P.KHARE
Ram Sewak – Appellant
Versus
Chakresh Kumar Jain – Respondent


Advocates Appeared:
Deepak Okhade, S.P.KHIRWADKAR, V.S.SHROTI,

Judgment

( 1. ) THIS is defendants second appeal under Section 100, CPC. The following substantial question of law was formulated by this Court by order dated 13-8-1999 at the time of admission of this appeal:-

"whether the Courts below have erred in passing the decree for eviction on the grounds under Sections 12 (1) (c), 12 (1) (f) and 12 (1) (g), of the Madhya Pradesh Accommodation Control Act, 1961 ?"

( 2. ) THE facts relevant for the decision of the question referred to above are that defendant No. 1 Ramsevak was tenant of Konsabai in the suit accommodation. She has bequeathed this house to plaintiff Dr. Chakresh Kumar Jain by registered Will dated 14-5-1991. Thus the plaintiff has become the owner of this house after the death of the testator on 3-6-1991 and defendant No. 1 Ramsevak became his tenant.

( 3. ) THE plaintiffs suit for eviction has been decreed under Section 12 (1) (c), (f) and (g) of the M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act ). The plaintiffs case was that the defendant No. 1 has denied his title to the suit accommodation and, therefore, he has become liable to eviction. It has been further pleaded by the plaintiff that he r











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