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1978 Supreme(MP) 191

C.P.SEN, B.C.VERMA
MIRKHAN NATHHEKHAN – Appellant
Versus
KUTUB ALI TAYAB ALI – Respondent


Advocates Appeared:
P.R.Padhye, S.P.Hakim,

JUDGMENT :

( 1. ) THE defendant tenant has preferred this Letters Patent appeal against the decree for eviction passed against him by a single Bench of this Court by reversing the decrees of the Courts below under section 12 (1) (c) and (e) of the M. P. Accommodation Control Act, 1961, on the grounds of disclaimer of title of the landlord and bona fide need of the landlord of the suit accommodation for residence.

( 2. ) IT is not in dispute that one Maryambai owned the suit house and she was the landlady of the defendant Meerkhan. The defendant is occupying the ground floor of the suit house on a monthly rent of Rs. 8, the tenancy commencing on the 20th of each English calendar month. She filed Civil suit No. 110 /60 for eviction of the defendant but the suit was dismissed on 20-9- 61. Appeal No. 84-A/61 preferred against that decree was also dismissed. She subsequently filed another Civil Suit No. 107-A/64 for eviction of the defendant which was also dismissed on 6-1-65. The plaintiff Kutub Ali is nephew of Mariyambai and he is living with her and also looking after the business of her husband Fakhruddin, who is dead. The plaintiff is legal heir of Mariyambai. By registered sale-dee














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