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2018 Supreme(MP) 374

ANAND PATHAK
Mahesh Prasad Mittal – Appellant
Versus
Jaitun – Respondent


Advocates:
S. K. Shrivastava for appellant;
N. K. Gupta with Sanjay Sharma for respondents.

ORDER

1. The present appeal under section 100 CPC has been preferred by the appellant/plaintiff against the judgment dated 24.12.2009 passed by IV Additional District Judge (Fast Track), Shivpuri in Civil Appeal No. 10-A/2009 whereby judgment and decree dated 30.10.2009 passed by I Civil Judge Class-II, Shivpuri in Civil Suit No. 75-A/2008 has been reversed and consequently, the civil suit filed by the present appellant/ plaintiff/ landlord has been dismissed.

2. Precisely stated facts of the case are that plaintiff/landlord filed a suit seeking eviction of the respondents/ defendants/ tenants mainly on the ground of bona fide requirement of his son to start a medical clinic in the said premise therefore, eviction was sought mainly under section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (for short “Act of 1961”). It was pleaded in the plaint that plaintiff is having suit shop situate at Shivpuri which was given on rent to the husband of defendant No.1 and father of defendants No. 2 and 3, namely late Shri Jalaluddin @ Rs.30 per month. After her death, defendants continued tenancy at the rate Rs.50 per month. The rent of the said premise was due since 1.12.2001. Howeve























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