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2000 Supreme(MP) 337

S.C.PANDEY
A. M. Qureshi – Appellant
Versus
Shakti Pictures Circuit Limited, Amravati – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Shri Alok Aradhe, Adv.
For Respondents/Defendant: Shri Pranay Verma, Adv.

ORDER

S.C. Pandey, J.

1. This is an appeal filed by the tenant under Section 100 of the Code of Civil Procedure against the judgment and decree dated 18-1-99, passed by the Additional District Judge, Raipur, in Civil Appeal No. 43-A of 1997, arising out of judgment and decree dated 17-5-96, passed by IVth Civil Judge Class-II, Raipur, in Civil Suit No. 342-A of 1992. The learned Additional District Judge has reversed the judgment and decree of the Trial Court and granted a decree of eviction against him.

2. The disposal of this appeal shall also govern Second Appeal Nos. 320 of 1999, 321 of 1999, 322 of 1999 and 323 of 1999.

3. The point that has been sought to be urged in this case is that the appellant is a lessee of the respondent. However, the respondent itself is the lessee of Dudhadhari Shri Vaishnava Trust Fund, Raipur. It is not in dispute that the accommodation belonging to the aforesaid Trust has been exempted from the operation of Madhya Pradesh Accommodation Control Act, 1961 by a notification issued by the State Government under Section 3 (2) of the said Act. The notification reads as under :--

"Notification No. 2037-1100/II-A (3)-- In exercise of the powers conferred by s


















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