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1972 Supreme(MP) 95

G.P.SINGH
Nebraj – Appellant
Versus
Amrit Kaur – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: J.S. Verma
For Respondents/Defendant: Ravih Agrawal

JUDGMENT

G.P. Singh, J.

This is an appeal by a tenant against whom a decree for eviction has been passed under section 12(1)(c) of the Madhya Pradesh Accommodation Control Act on the ground that prior to the institution of the suit the tenant denied the title of the landlord and thus committed an act which was likely to affect adversely and substantially the interest of the landlord.

Learned counsel for the appellant has submitted that the appellant merely denied the derivative title of the plaintiff which did not amount to denial of the landlord's title, that mere denial of title cannot be a ground for eviction under section 12(1)(c), and that in the present case it has not been established nor has it been pleaded that the defendant's denial of the plaintiff's title is likely to affect him adversely or substantially, therefore, no decree for eviction could be passed on the ground mentioned in section 12(1)(c) of the Act. Section 12(1)(c) of the Act reads as follows:

12(1)(c) that the tenant or any person residing with him has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the accommodation, or which is likely t








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