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1997 Supreme(MP) 601

S.C.PANDEY
Bhojraj Rameshchandra – Appellant
Versus
Ghanshyam Das Agrawal – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. Ravindra Shrivastava, Advocate
For Respondents/Defendant:Smt. J. Choudhary, Advocate

JUDGMENT

S.C. Pandey, J.

1. This is defendants appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 8-11-1996 passed by the First Additional District Judge, Raigarh is Civil Appeal No. 2-A/95, arising out of judgment and decree dated 2-4-1992 passed by the IIIrd Civil Judge, Class-II, Raigarh in Civil Suit No. 65-A/85.

2. The material facts necessary for determination of this appeal are as follows. The respondent filed Civil Suit No. 65-A/85 against the appellants claiming that he was the landlord of the suit property and the appellants were his tenants at the rate of Rs. 200/- (Rupees Two Hundred) per month. The respondent claimed that he acquired the suit property by virtue of a registered gift-deed dated 3-5-1965 executed by Rajpal Goyal and Indrapal Goyal. He claimed that the suit property was let out by him to the appellants for business purpose. He claimed that appellants were liable to be evicted under Section 12 (1) (f) of the MP. Accommodation Control Act, 1961 (henceforth 'the Act') as the respondent wanted to start his business at Raigarh and he had no alternative accommodation of his own. The second ground for eviction was based on




























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