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1972 Supreme(MP) 5

SHIV DAYAL SHRIVASTAVA
Ramswarup – Appellant
Versus
Prem Narain Verma – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: B.D. Gupta
For Respondents/Defendant: J.R. Sharma

JUDGMENT

SHIV DAYAL, J.

This second appeal arises from a suit for eviction on the ground contained in section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act). The suit was dismissed by the trial Court on the ground that the plaintiffs could not establish that their requirement is bona fide or that they have no other reasonably suitable residential accommodation of their own in the city. The first appellate Court dismissed their appeal.

The plaintiffs are related as follows:

Munnilal

Gopilal Laxmichand

1. Motital 1. Babulal

2. Ramswaroop (Plaintiff No.1) 2. Bhagwandas (Plaintiff No. 2)

3. Hariram 3. Radheylal

4. Chhotelal 4. Bux Chand.

The suit accommodation is residential. It forms part of a big building situated in Danaoli, Lashkar. In the same vicinity is a big building in which the plaintiff Ramswaroop and Bhagwandas reside along with Gopilal and Laxmichand. In the plaint they say that it is not "convenient" for them to stay with their families in that house.

It has been found by the Courts below that the house in which the plaintiffs reside at present is their joint family property. Besides this, two othe




























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