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1991 Supreme(MP) 5

V.S.KOKJE
Shabbir Hussain Gulam Hussain – Appellant
Versus
Rubab Bai Inayat Hussain – Respondent


JUDGMENT

V.S. Kokje, J.

1. The appellant is a tenant of the respondent in the suit accommodation situated in House No. 14, Street No. 2, Maharani road, Indore. Admittedly the suit premises were let out for residential purpose. The respondent plaintiff brought a suit for ejectment of the appellant from the suit premises on the grounds under Sections 12(1 )(a) and (d) of the M.P. Accommodation Control Act, 1961 (hereinafter called 'the Act'). This suit was registered as C.O.S. No. 272-A/84 in the Court of IXth Civil Judge, Class II, Indore. After trial the suit was dismissed on 25-11-1986 on both the counts. In Civil Regular Appeal No. 1 of 1987-A, the Vlllth Additional Judge to the Court of District Judge, Indore reversed the judgment and decree and passed a decree on the ground under Section 12(l)(d) of the Act alone. This is a second appeal against that judgment.

2. On 17-1-1990, the appeal was admitted on the following substantial question of law :

"Whether the facts of stitching by the wife of tenant-defendant-appellant, writing of accounts by the defendant-appellant and taking of meals by the defendant-appellant and his wife in the suit accommodation would constitute residential us














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