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1964 Supreme(MP) 6

S.B.Sen
Chandbai – Appellant
Versus
Phoolchand – Respondent


Advocates Appeared:
Gokhale for applicant
R.G. Waghmare for non-applicant

ORDER

1. Chandbai, the present applicant filed a suit for ejectment against Phoolchand, the non-applicant on three grounds (1) Non-payment of rent (2) sub-letting of the premises, and (3) genuine requirement of the accommodation as mentioned in S. 12 (1) (a) (b) and (e) of the Accommodation Control Act of 1961.

2. The house was purchased by Chandbai from previous landlord of the defendant in February 1961. A notice was given after the transfer to the defendant for terminating the tenancy on the grounds mentioned above.

3. The defendant contended amongst other pleas that the plaintiff cannot be allowed to press the ground of genuine requirement in view of section 12 (4) of the Act. According to him the transferee has to wait for a year at least before he could maintain a suit on the ground of genuine requirement.

4. The trial Court tried the issue regarding genuine requirement as preliminary issue and has held it in favour of the defendant. The plaintiff has now come up in revision.

5. It may be mentioned here that the M.P. Accommodation Control Act, 1961 came into force on 30-12-61 and the suit was filed on the next day i. e. on 1-1-62. The counsel for the applicant contends that when h























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