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2007 Supreme(MP) 1043

ARUN MISHRA
RAM CHANDRA DIXIT – Appellant
Versus
ARVIND KUMAR JAIN – Respondent


Advocates Appeared:
A.S.Handa, PRAVEEN DAVE, R.P.AGRAWAL, Shobha Menon,

Judgment

( 1. ) THE appeal has been preferred by defendants/tenants aggrieved by the judgment and decree dated 19-12-2006 passed by 1st Additional district Judge in Civil Appeal No. 31-A/2005 thereby affirming the judgment and decree dated 5-2-2005 passed by Vth Civil Judge, Class-H, Bhopal in Civil suit No. 27-A/2001.

( 2. ) PLAINTIFF/respondent filed the instant suit for eviction of defendants/tenants on the ground contemplated under sections 12 (1) (a), 12

(1) (b), 12 (1) (c) and 12 (1) (f) of M. P. Accommodation Control Act (hereinafter referred to as "the Act" ). Plaintiff wanted to start the business of manufacture cum sale of ready-made garments, he was not having suitable alternative accommodation for that purpose, notice dated 10-7-2000 was served terminating the tenancy demanding the vacant possession, however the suit accommodation was not vacated hence suit was preferred.

( 3. ) DEFENDANTS, contended that Ramchandra Dixit had obtained the accommodation in the name and style of Universal Motor Transport Corporation from the father of plaintiff, accommodation was not sub-let to anyone else, plaintiff was not the exclusive owner nor the accommodation had fallen to his share in














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