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2000 Supreme(MP) 952

A.K.MISHRA
Girraj Kishore – Appellant
Versus
Kamla Bai – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Shri K.K. Lahoti and Shri D.D. Bansal, Advs.
For Respondents/Defendant: Shri H.D. Gupta, Adv.

JUDGMENT

A.K. Mishra, J.

1. This second appeal has been preferred by the defendant-appellant aggrieved by the judgment and decree passed by the two Courts below decreeing the suit filed by the plaintiff for eviction on the ground under Section 12 (1) (c) of the M.P. Accommodation Control Act, 1961.

2. The plaintiff-respondent filed a suit for ejectment of the defendant-appellant on the allegations that the defendant was occupying the suit accommodation on rent at the rate of Rs. 400/- per month. The plaintiff required the suit accommodation for bonafide requirement of residence of her sons. She was not possessing any other accommodation within the limits of Municipal Council, Guna. She also required the suit accommodation for reconstruction which could not be done without vacating the same. The defendant was not paying the rent and rent was in arrears. The defendant has denied tenancy as well as ownership of the plaintiff. The defendant was in arrears of rent to the extent of Rs. 13,415/-. Hence ejectment was sought on the ground contemplated in Section 12 (1) (c) and (h) of M.P. Accommodation Control Act.

3. The defendant in his written statement took the plea that he was inducted as



















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