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1982 Supreme(MP) 409

R.C.SHRIVASTAVA
Deen Dayal Ram Ratan – Appellant
Versus
Sita Ram – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.K. Shrivastava and D.K. Katare
For Respondents/Defendant: R.D. Jain and K.L. Manual

JUDGMENT

R.C. Shrivastava, J.

The suit, out of which this second appeal has arisen, was instituted by the respondents against the appellant for possession of an accommodation and recovery of arrears of rent in respect thereof. Ejectment was claimed on the grounds specified in clauses (a),(b) and (i) of section 12(1) of the M. P. Accommodation Control Act, 1961. The suit was resisted by the appellant on several grounds. The trial Court upheld the plaint allegations that the respondents were the appellant's landlords, they having purchased the premises from his previous landlord Gyanchand and were entitled to recover rent from him. The grounds on which ejectment was claimed were, however, negathed by it. Accordingly, the trial Court dismissed the claim for ejectment but, by stating that the respondents were entitled to get the entire rent deposited by the appellant in Court, impliedly decreed the claim for recovery of rent. Being aggrieved by the dismissal of their claim for ejectment, the respondents preferred first appeal before the Third Additional District Judge, Gwalior. In that appeal, the appellant filed a cross-objection contending, among other things, that he was not proved to



















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