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2000 Supreme(MP) 756

S.C.PANDEY
Sardar Harbans Singh – Appellant
Versus
Shailesh Chand Gupta – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Shr. Kishore Shrivastava, Adv.
For Respondents/Defendant: Shri T.C. Naik, Adv.

ORDER

S.C. Pandey, J.

1. This is a first appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 29-7-1991 passed by Additional District Judge, Mancndragarh in Civil Suit No. 13-A/88, whereby the appellant defendant has been ordered to be evicted from the suit shop under Sections 12 (1) (c) and 12 (1) (f) of the M.P. Accommodation Control Act, 1961 (for short 'the Act'). The decree under Section 12 (1) (a) of the Act has not been granted by the Trial Court on the ground that the rent has been deposited by the appellant-defendant in the Trial Court in accordance with law.

2. The respondent-plaintiff filed Civil Suit No. 13-A/88 against the appellant-defendant on the ground that the appellant was initially a tenant of Manoharlal Gupta who had let out the suit shop to the appellant at the rate of Rs. 100/- per month. The tenancy was monthly and started from the first of every month and was liable to be terminated on the last day of the month. Thereafter, it was claimed that on 5-10-1984, Manoharlal Gupta transferred the suit shop to the respondent by a registered partition-deed. Accordingly, the respondent Shailesh Chand Gupla son of Manoharlal Gupta



























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