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2009 Supreme(MP) 17

R.S.JHA
RAJENDRA KUMAR – Appellant
Versus
KASTURI BAI – Respondent


Advocates Appeared:
Ashish Shroti, Pranay Verma,

Judgment

( 1. ) THIS second appeal has been filed by the appellants/defendants being aggrieved by the judgment and decree dated 12-4-2002, passed in Civil Appeal no. 25-A/2000 by the First Additional District Judge, Damoh wherein the judgment and decree dated 14-11-1996, passed in Civil Suit No. l-A/96 by IIIrd civil Judge, Class II, Damoh has been affirmed and the appellants have been ordered to be evicted from the tenanted premises on the grounds mentioned in section 12 (1) (a) and 12 (1) (f) of the M. P. Accommodation Control Act, 1961.

( 2. ) THIS appeal was admitted on the following two substantial questions of law:-

" (1) Whether the statutory protection provided in sub-section (3)of Section 12 of the M. P. Accommodation Control Act was available to the appellants and as such the First Appellate Court erred in holding the ground of eviction provided under clause (a) of sub-section (1) of Section 12 of M. P. Accommodation Control Act, available to the respondents, for appellants eviction ?

(2) Whether the Courts below erred in not treating available alternative accommodation, suitable for the business of Mukesh, the third son of respondent No. 1 ?"

( 3. ) IN respect of the first s















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