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1976 Supreme(MP) 3

A.P.Sen
Narayan – Appellant
Versus
Indian Mill Stores, Raipur – Respondent


Advocates:
Advocate Appeared:
For Appellant: J.V. Jakatdar.
For Respondent: K.M. Agrawal.

JUDGMENT

A.P. SEN, J.

1. This appeal by the defendant is directed against a judgment and decree of the District Judge Raipur, dated 16th April 1971, affirming the judgment and decree of the IVth Civil Judge, Class II, Raipur, dated 29th June 1970, decreeing the plaintiff's suit for eviction u/s 12 (i) (b) and (f) of the Madhya Pradesh Accommodation Control Act, 1961.

2. The relevant fact, in brief is as follows. The parties stand in the relation of landlord and tenant. The plaintiff firm styled as M/s Indian Mill Stores, Raipur is doing business of oil Engines, Pumps, Electric motors, Machineries, Pipes, Spare parts etc. at Ganjpara–Raipur in a rented house. The plaintiff-firm purchased a building at Ganjpara–Raipur consisting of 4 identical block of one room each of which the demised premises is one, by a registered sale deed dated 20.3.1965. The defendant who is in occupation of one of the blocks is running a tailoring shop under the name "Chauhan Tailoring Shop" attorned to the plaintiff on 1.5.1965 vide kiraya chithi Ex. P-2.

3. The plaintiff's case is that it is in bonafide need of the demised premises for continuing its business within the meaning of section 12 (1) (f) of the Ma















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