N.K.MODY
Gulam Hussain (dead) through L. Rs. Noorjahan – Appellant
Versus
Nijamuddin (dead) through L. Rs. Kasur Parveen – Respondent
N.K. Mody, J.
1. Being aggrieved by the judgment dated 7.3.2009 passed by II Additional District Judge, Dhar in Civil Appeal No. 29-A/08, whereby the judgment dated 6.10.2008 passed by II Civil Judge, Class II, Dhar in Civil Suit No. 124-A/07, whereby suit filed by respondents was decreed under the provisions of M.P. Accommodation Control Act, was maintained, present appeal has been filed.
2. Short facts of the case are that the deceased Nijamuddin whose legal representatives are respondents filed a suit on 28.9.2005 for eviction against Gulam Hussain predecessor in title of appellants alleging that respondent is owner of a house situated at Charnarwada, Redas Road, Dhar bearing Municipal House No. 7. It was alleged that the suit house was being owned by one Kaluram from whom it was purchased by the respondent vide registered sale-deed 18.6.1986 for a consideration of Rs. 11,000/-. It was alleged that after purchasing property name of respondent has been recorded in the Municipality as owner and also respondent is paying the house-tax. It was alleged that respondent is driver by profession and was in employment of private bus, which is being operated between Alirajpur to Jhab
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