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2015 Supreme(MP) 43

ROHIT ARYA
Shobha Shinde – Appellant
Versus
Shushila Bai (dead) through LRs – Respondent


Advocates:
K.B. Chaturvedi with G.P. Chaurasiya for appellant;
Sunil Jain for respondents.

JUDGMENT

1. This appeal by objector under section 100 CPC is preferred against the concurring order dated 10.2.2005 in Miscellaneous Appeal No.49/2004 confirming the order dated 25.10.2004 in Case No.2A/90X04. The appellant-objector’s objection under Order XXI rules 97 and 104 and 105 CPC has been rejected.

2. The relevant facts necessary for disposal of this appeal are to the effect that respondent No.1 Smt. Shushilabai had filed a suit for eviction of tenant/respondent No.2 Ghanshyam s/o Parsadi and respondent No.3/sub-tenant-Sampatrao as landlady/owner of the suit premises on 25.4.1989. Tenancy started from 1.5.1986 between Smt. Shushila and Ganshyam, who unauthorizedly had sublet the same to respondent No.3. On notice, both respondents-defendants appeared and resisted the suit for eviction. Parties led evidence. The trial Court on proper evaluation of the evidence on record, decreed the suit under section 12(1)(a), (b) and (c) of the M.P. Accommodation Control Act on 9.11.2000 holding inter alia that respondent No.2 was tenant and respondent No.3 was sub-tenant inducted by respondent No.2 unauthorizedly and consequently decreed the suit for eviction of respondents No.2 and 3. Fir





































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