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2023 Supreme(MP) 230

G. S. AHLUWALIA
DHEERAJ ROHRA – Appellant
Versus
SHYAM BIHARI PANDEY – Respondent


JUDGMENT : – This second appeal, under section 100 of Civil Procedure Code, has been filed against the judgment and decree dated 23-2-2022 passed by the First District Judge, Maihar, District Satna in Regular Civil Appeal No. 600031A/2017, arising out of the judgment and decree dated 17-3-2017 passed by Second Civil Judge, Class-I, Maihar, District Satna in Civil Suit No. 4-A/2016, by which the suit filed by the respondent for eviction on the ground of 12(1)(a), (f) and (g) of Accommodation Control Act, has been decreed.

2. The facts, necessary for disposal of present appeal in short, are that the plaintiff is the owner of House No. 77/2014 in which the shops are situated. Earlier the house was in the ownership of Smt. Sumitra Bai, the mother-in-law of the plaintiff and on 1-8-1982 the shop in question was let out to Ram Dayal, father of the appellant. The father of the defendant started the business of sale and repair of watches and the rent was increased from time to time. The father of the defendant died in year 2008 and, thereafter, the defendant continued as a tenant of the shop. In the month of July, 2013, the plaintiff informed the defendant that roof of the shop has become

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