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2013 Supreme(MP) 604

ROHIT ARYA
Narendra Gole – Appellant
Versus
Ram Krishna Sharma – Respondent


Advocates:
K.N. Gupta with Anmol Khedkar for appellant;
N.K. Gupta for respondent.

JUDGMENT

1. The instant second appeal is directed against the concurrent finding of fact recorded by the Courts below, assailing the judgment and decree dated 6th September, 2012 passed in Civil Appeal No.34-A/11; whereby, the judgment and decree dated 23.9.2011 passed in Civil Suit No.15-A/2010 has been confirmed.

2. Facts relevant for the disposal of this appeal are that respondent-plaintiff Ramkrishan Sharma s/o Late Shri Ramswaroop Sharma, serving the Nagar Palika Nigam, Gwalior was due to retire on 30th November, 2010, therefore, had instituted an eviction suit in respect of suit shop situated in the building No.39/593 (New No.57/593) Madhoganj, Lalshkar, Gwalior on the ground of arrears of the rent [12(1)(a)], bona fide need for non-residential purpose to run cloth shop after his retirement [12(1)(f)] and also as there was requirement for renovation of part of the suit premises [12(1)(h) of the M.P. Accommodation Control Act, 1961 (for short “the Act”)]. Father of the appellant-defendant Chhotelal had taken the suit shop on monthly rent of Rs.16/- in the year 1974 from the forefathers of the plaintiff. After the death of Chhotelal, the present defendant is running a cloth shop























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