RAJENDRA MENON, ANURAG SHRIVASTAVA
Hafizulla – Appellant
Versus
Puran Chand Jain S/o Late Sheikhar Chand Jain – Respondent
Anurag Shrivastava, J.
Being aggrieved by judgment and decree dated 02.12.2011, passed by III Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No. 3-A/2010, the appellants/ plaintiffs have preferred this First Appeal under Section 96 of Civil Procedure Code, whereby the learned trial Court has dismissed the suit for possession and mesne profit with regard to the disputed premises.
2. The facts giving rise to this appeal in narrow compass are that the plaintiff Hafizulla and Smt. Hameeda Begum filed Civil Suit No. 3-A/2010 before the trial Court claiming that they are owner and landlord of house bearing Nos.667, 667/1 to 667/3 situated at Kotwali ward, Jabalpur known as "Kudarat Manzil" which is a double story building. This suit house was let out to Sheikhar Chand Jain by registered lease deed dated 01.05.1968 for a period of 10 years @ Rs. 150/- per month rent for non-residential purpose. The plaintiffs had instituted the Civil Suit No.147-A/1998 against the original tenant Sheikhar Chand Jain for his eviction from suit house on various grounds under Section 12(1) of M.P. Accommodation Control Act. During pendency of the said ejectment suit, in the l
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