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2017 Supreme(MP) 65

ASHOK KUMAR JOSHI
Shakuntala Guha – Appellant
Versus
Jasmit Kaur Narula – Respondent


Advocates:
Atulanand Awasthy for appellants;
R.P. Agrawal with R.K. Jaiswal for respondent No.6;
Ms. Sudipta Choubey for respondent No.17.

JUDGMENT

1. This second appeal is filed by the substituted defendants under section 100 of the CPC against the judgment and decree passed on 21.3.2005 in Civil Appeal No.59-A/2004 by Sixth Additional District Judge, Jabalpur affirming the decree of eviction of tenant and other reliefs passed by Fifteenth Civil Judge, Class II on 7.6.2000 passed in Civil Suit No.230-A/1994 only on the ground of section 12(1)(c) of the M.P. Accommodation Control Act, whereas the above-mentioned trial Court has decreed the suit filed by the respondents-plaintiffs on two grounds of section 12(1)(a) and (c) of the above-mentioned Act.

2. This appeal was admitted on 8.7.2015 on the following substantial questions of law :

“(i) Whether there was any attornment of tenancy in favour of the respondents by operation of law and the respondents became the landlord in relation to the property in suit and whether the appellants can be termed as tenant of the respondents-plaintiffs?

(ii) Whether the suit of the respondents-plaintiffs is barred by the period of limitation and whether the appellants-defendants have perfected their title by way of adverse possession?

(iii) Whether the appellants-defendants have rightly de






































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