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2011 Supreme(MP) 143

ABHAY M.NAIK
Jagdish Babu Raijaada – Appellant
Versus
Sanval Das Gupta – Respondent


JUDGMENT

Abhay M. Naik, J.

1. This second appeal has been preferred against decree for eviction granted in favour of Plaintiff/Respondent against Defendant/Appellant on grounds under Section 12(1)(a), (e) and (i) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act).

2. Short facts, relevant for the purpose of this appeal, are that the Plaintiff/Respondent instituted a suit for eviction and recovery of arrears of rent, with allegations that he owns House No. 1078/8 situated in Municipal Ward No. 8, Hammal Mohalla, Shivpuri. Suit premises comprised in two rooms and one varanda on first floor is occupied by Defendant/Appellant as tenant at the rate of Rs. 30/- per month for residential purpose. Defendant is in arrears of rent with effect from 1-4-1982, which has not been paid, despite refusal of registered demand notice on 20-2-2003. Suit premises is required bona fide by the Plaintiff for residence of his son Dinesh and grandson Navin son of Shyam Sunder. He has no alternative vacant accommodation of his own to accommodate the aforesaid family members for fulfilling need. This apart, Defendant has acquired a house near private bus stand in Shivpuri for his re











































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