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1978 Supreme(MP) 474

G.L.OZA
Sitaram – Appellant
Versus
Ramkumar – Respondent


Advocates Appeared:
For the Appellants : P.K. Saxena
For the Respondent: R.G. Waghmare

Short Note :

1. This appeal was filed by the appellant-plaintiffs against the judgment passed by Additional District Judge, Neemuch who allowed the appeal filed by respondent tenants and dismissed the suit for eviction decreed by the Court of Civil Judge Class I, Neemuch.

2. It is alleged that the shop in dispute Was taken by the respondent Ramkumar on rent. The rent deed was executed un 23rd June 1965 and it was agreed that the tenancy will commence from 1st July 1965 at the rate of Rs. 35/- p.m. Balkishan respondent No.2 executed a Jamanatnama for the same. The plaintiff-appellants filed the suit for eviction alleging that plaintiff Sitaram's son Chandmal (plaintiff No.2) is doing the business of selling silver ornaments in his shop in village Sanjeet ; but since a year before the filing of the suit on account of heavy rains this village got submerged into Gandhi Sagar and his business had come to a standstill. Chandmal therefore wants to start his business of selling gold and silver ornaments at Neemuch in the shop in dispute. It was also alleged that the plaintiff is not in possession of any other shop of his own in the town of Neemuch available for the said business. The defenda





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