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2023 Supreme(MP) 125

G. S. AHLUWALIA
Krishna Gopal Khandelwal – Appellant
Versus
Poonamchand Paharia (Dead) through LRs – Respondent


Advocates:
Sanjay Agrawal with Ms. Neerja Agrawal for appellant;
Naval Gupta for respondents.

JUDGMENT

1. This Second Appeal under section 100 of CPC has been filed against the Judgment and Decree dated 26.2.2000 passed by 8th Additional District Judge, Jabalpur in C.A. No. 172A/1999, arising out of Judgment and Decree dated 18.7.1999 passed by 6th Civil Judge Class 1 Jabalpur in C.S. No. 110/1998.

2. The facts necessary for disposal of present appeal in short are that the respondent filed a suit for eviction on the ground that the plaintiff is the owner of House No. 429 and 430 situated in Kotwali Ward, Jabalpur which he had got in family partition on 21.12.1984. The Appellant is a tenant on monthly rent of Rs. 35/-. The Appellant is irregular in payment of rent. The son of the plaintiff Dr. Rakesh Pahadiya got married on 30.1.1990 and doesnot have any alternative and suitable accommodation in city of Jabalpur. Accordingly, the suit for eviction was filed on the ground of bonafide requirement for residential purposes.

3. The Appellant filed his written statement and denied the ownership of the plaintiff. He claimed that father of the defendant/appellant, namely Ambika Prasad Khandelwal was the tenant of father of the plaintiff namely Mohanlal. After the death of Ambika Pra

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