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1972 Supreme(MP) 32

G.P.SINGH
Bhagwandas Tiwari – Appellant
Versus
Gaya Prasad – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: S.L. Jain
For Respondents/Defendant: S. Awasthi

JUDGMENT

G.P. Singh, J.

This appeal arises out of a suit for ejectment. The suit was instituted by one Jirabai against the appellant Bhagwandas Tiwari on three grounds. The first ground was that the defendant was in arrears of rent and had not paid the arrears after notice of demand. The second ground related to the need of the plaintiff for residence. The plaintiff's case was that she was a very old, blind and feeble woman needing the help of her relatives for her daily work and, therefore, she wanted her four nephews, namely, Gaya Prasad, Rameshwar Prasad, Dwarka Prasad and Badri Prasad and their families to look after her, and as she had no sufficient accommodation in her possession for these four nephews and their families, she needed the suit accommodation. The third ground pleaded was that the house was needed for reconstruction. The defendant denied all the grounds raised in the plaint. During the pendency of the suit, the plaintiff Jirabai died and the four nephews, whose names have already been mentioned above, were substituted as legal representatives, as they were legatees under a will executed by the deceased. Some amendments were made in the plaint by the legal represent
















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