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1986 Supreme(MP) 206

T.N.SINGH
LALTAPRASAD SHIVCHARANLAL – Appellant
Versus
RAMCHARAN HIRALAL VUAYVARGIYA – Respondent


Advocates Appeared:
R.C.LAHOTI, R.D.Jain,

JUDGMENT :

( 1. ) THIS is another tenant-landlord litigation whose number is increasing every day in astronomical proportion. It has focussed light on a shaded area of law requiring exposition of few important provisions of M. P.

Accommodation Control Act, 1961, for short the Act. The factual foundation of the legal contentions being built shifting sands of facts I was driven to employ my favourite technique to claim a stand on terra firma, as would facilitate instant disposal of the matter. I allowed counsel ample opportunity to make copious use of coloured pencils to mark out emphasis in pleadings and evidence, lest their respective legal contentions lose edge and acquire abscurity.

( 2. ) A rudderless ship is likely to founder in troubled waters. Indeed, the need for installing the legislative radar at the threshold, I have always considered a constitutional imperative. Accordingly, before laying out factual matrix of the case, i proceed rather to extract first the concerned legislative provisions -

"2 (e) "member of the family" in case of any person means the spouse, son, unmarried daughter, father, grandfather, mother, grandmother, brother, unmarried sister, paternal uncle, patern

















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