S.D.JHA, A.G.QURESHI, V.D.GYANI
Govindrao – Appellant
Versus
Bhavarlal – Respondent
Per Gyani, J.
1. This S.A. u/s 100 CPC filed by legal representatives of the plaintiff is directed against, appellate judgment and decree dated 12.2.1984 passed in C.R.A. 146-A/84, by Fifth Additional Judge, to the District Judge, Indore, thereby reversing trial Court’s judgment and decree dated 28.3.1983, as passed by the trial Court, C.O.S. No.424-A/82.
2. A learned Single Judge of this Court, who heard this appeal, faced with conflicting views, as expressed in judicial pronouncements, referred to the order and puzzling problems, as regards interpretation of the expression ‘living jointly with’ occurring in clause 2(e) of section 2 of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as ‘Act of 1961’), raised the following question :
“Whether the expression ‘living jointly with’ appearing in clause 2(e) of M.P. Accommodation Control Act, 1961, qualifies only the words ‘brother’s’ son or unmarried daughter, or any other relation dependant on landlord, or it qualifies all the relations enumerated therein?”
3. For being referred to a Larger Bench, the matter has accordingly been placed before us. The question as referred to us, is purely a question of statutory c
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