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2020 Supreme(MP) 314

VISHAL DHAGAT
Kamlesh Jain – Appellant
Versus
Sangeeta Jain And Others – Respondent


Advocates Appeared:
Shri Sajidulla Khan, Learned Counsel, for the Appellant; Shri Umesh Trivedi, Learned Counsel, for the Respondents

JUDGMENT

1. Appellant was defendant before the trial court and he had filed the suit for vacant possession of suit property, mesne profit for the month July 2009 till realization.

2. As per the plaintiffs case Smt. Kasturi Bai and Smt. Sundar Bai had purchased a house at Subhash Chowk in the year 1948 from one Shri Subrati. Smt. Sundar Bai had sold her half share of the suit property to Parchamal on 1.11. 2008. After death of Smt. Kasturi Bai, the plaintiffs who were her successors got the suit property that is house in question. At that time, there were two tenants in the house. Plaintiffs give notice to tenant who was living in the lower part of the house. He gave possession of the house to the plaintiffs. In the part of the house of Sundar Bai, Kamlesh Jain the present appellant was tenant. At the time of registry by Sundar Bai that is on 1.11.2008 Kamlesh Jain after receiving an amount of Rs.1,70,000/- vacated the house and illegally entered in the part of the house belonging to Kasturi Bai. Plaintiffs received information on 14.7.2009 and they filed a report at Police Station Balaghat but no action has been taken therefore, they have to file the present suit for eviction, mesne

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