SHANTANU KEMKAR, S.K.SETH, PRAKASH SHRIVASTAVA
Badrilal – Appellant
Versus
Sita Bai – Respondent
Prakash Shrivastava, J.
1. This Full Bench has been constituted for deciding the following question:
(i) Whether the decision in Nandkishore v. Sarjudevi reported in 1974 MPLJ 293 is no longer good law in view of the subsequent decisions of the Supreme Court and as such, has it lost efficacy as a binding precedent?
2. A brief background is that a suit was filed by the Respondent-landlord for eviction of the Appellant-tenant inter alia on the ground of bonafide need of starting the business of her grand-son from the suit accommodation under Section 12(1)(f) of Madhya Pradesh Accommodation Control Act, 1961 (for short hereinafter referred to as "the M.P. Act"). The suit was decreed by the Trial Court and the eviction decree was affirmed by the First Appellate Court and the second appeal was admitted by this Court on the substantial question relating to recognizing the business need of grandson of landlord under Section 12(1)(f) of the M.P. Act.
3. At the time of hearing of the second appeal before the learned Single Judge, Counsel for the Appellant had placed reliance upon the Division Bench judgment of this Court in the matter of Nandkishore v. Sarjudevi reported in 1974 MPLJ 293,
2. K.V. Muthu v. Aangamathu Animal AIR 1997 SC 628;
4. Dwarka Prasad v. Niranjan AIR 2003 SC 2024;
6. D.N. Sanghvi and Sons v. Ambalal Tribhuwan Das AIR 1974 SC 1026;
7. Mst. Bega Begum and Ors. v. Abdul Ahad Khan (dead) by L.Rs. and Ors. (1979) 1 SCC 273;
11. Malpe Vishwanath Acharya v. State of Maharashtra (1998) 2 SCC 1;
13. Boddu Narayanamma v. Sri Venkatarama (1999) 7 SCC 589;
14. Ajit Singh v. Jit Ram (2008) 9 SCC 699;
16. State v. Parmeshwaram Subramani (2009) 9 SCC 729
9. Prabhakaran Nair v. State of Tamil Nadu (1987) 4 SCC 238;
1. Nandkishore v. Sarjudevi 1974 MPLJ 293; V.N. Deshmukh v. KM. Kothari 1951 NLJ 250;
3. Joginder Pal v. Naval Kishore Behal AIR 2002 SC 2256;
5. Kailash Chand and Anr. v. Dharam Das AIR 2005 SC 2362;
8. Kewal Singh v. Lajwanti (1980) 1 SCC 290;
10. Arjun Khiamal Makhijani v. Jamnadas C. Tuliani and Ors. (1989) 4 SCC 612;
12. Shiv Sarup Gupta v. Dr. Mahesh Chand Gupta (1999) 6 SCC 222;
15. Pallawi Resources Limited v. Protos Engineering Co. Private Limited (2010) 5 SCC 196;
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