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2006 Supreme(MP) 1124

SHANTANU KEMKAR
State of M. P. – Appellant
Versus
Abbas Ali – Respondent


Judgment

( 1. ) THIS is an appeal filed by the defendants under Section 96 of the Code of Civil Procedure against the judgment and decree dated 10-1-2003 passed by the II Addl. District Judge, Khandwa in Civil Suit No. 15-A/2000 whereby the plalntiffs suit seeking eviction of the defendants appellants has been decreed.

( 2. ) THE plalntiff filed a suit against the defendants stating therein that he is owner of the suit house situated at Block No. 11 Plot No. 25/1 Ward Padawa in City of Khandwa. The suit house was let out by him to the defendants for residence of Nurses to be used as Nurses hostel. It was agreed between the parties that the monthly rent of the suit house would be Rs. 3594/- for initial 9 months from 1-10-1998 to 30-6-1999 and shall increase by 10% from 1-7-1999 and was liable to be increased by 10% after completion of every three years. The plalntiff further pleaded that the suit house is required bonafidely by him for his residence and for residence of his family members and also for starting his business of supply of building materials and sanitary fittings. It is also averred that the suit house is bonafidely required by him for making substantial additions and alt










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