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1996 Supreme(MP) 539

S.C.PANDEY
Manoharlal Gopilal Pande – Appellant
Versus
Abdul Mazid Khan – Respondent


JUDGMENT

S.C. Pandey, J.

1. This is an appeal under section 100 of Code of Civil Procedure, 1908 against judgment and decree, dated 12-7-1988, passed by Shri A. Khakha, Additional Judge to the Court of District Judge, Rajnandgaon, in Civil Appeal No. 24-A/86 arising out of judgment and decree, dated 27-7-1986 in Civil Suit No. 41-A/81 passed by Shri B. L. Jatwa, Civil Judge Class II, Rajnandgaon.

2. The respondent/landlord filed a suit for eviction against the appellant on the ground that the suit house is required bona fide by him for the purpose of his residence as well as for doing medical practice. Initially it was pleaded in the plaint that the appellant was residing in the middle block of the suit house, shown in the plaint. The entire house consisted of three small blocks and the respondent pleaded that he required the entire three blocks for his residence as well as for running a dispensary. It was also pleaded that besides the three blocks shown in the Schedule-A to the plaint, the respondent had no alternative suitable accommodation within the limits of Rajnandgaon Municipality. It was also pleaded that at the time of filing the suit, the appellant was occupying the middle b



























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