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1969 Supreme(MP) 42

A.P.SEN
CHHAGANLAL – Appellant
Versus
PARVATI BAI – Respondent


Advocates Appeared:
D.P.Verma, G.K.Shrivastava, V.Jakatdar, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) THIS appeal, filed by the defendants, is directed against the judgment and decree of the IV th Additional District Judge, Jabalpur, dated 8th March 1968, affirming the judgment and decree of the IInd Civil judge (Class I), Jabalpur, dated 1st September 1967, decreeing the plaintiff-respondents suit for ejectment under section 12 (l) (e) of the Madhya Pradesh accommodation Control Act, 1961, together with arrears of rent and mesne profits in respect of the accommodation in suit.

( 2. ) THE facts leading to this appeal, shortly stated, are these. The plaintiff Smt. Parvati Bai had purchased the ground floor of House No. 461, uprainganj, Jabalpur, by a registered sale deed dated 5th December 1964 (Ex. P.- l) from one Smt. Shivkurnari Bai. The defendants are tenants in the portion on the ground floor shown in red in the plaint-map on a rent of Rs. 12 /- per month, since before the purchase of that house by the plaintiff; their tenancy commences on the first day of each English calendar month, and the tenancy was, on these very terms, attorned to the plaintiff. Admittedly, the plaintiff has been occupying the first floor of the house which belongs to her daughters. The s


















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