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2011 Supreme(MP) 83

SHANTANU KEMKAR, S.K.SETH, PRAKASH SHRIVASTAVA
Badrilal – Appellant
Versus
Sita Bai – Respondent


ORDER

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,








































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