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2022 Supreme(MP) 1558

SANJAY DWIVEDI
Vimal Chand Jain – Appellant
Versus
M. P. Khadi Sanstha Sangh – Respondent


Advocates Appeared:
Anand Chawla, Advocate, for the Appellant; None, for the Respondent.

JUDGMENT

1. This appeal has been filed by the appellants/landlords under Section 96 of the Code of Civil Procedure challenging the judgment and decree dated 30th November, 2006 passed in Civil Suit No. 215-A/2006 by X Additional District Judge (Fast Track Court), Bhopal whereby the suit filed by them under Section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (For short 'Act of 1961') has been partly allowed holding them entitled to get the vacant possession of first floor of House No.7, New Market, Bhopal, but the trial court has refused to grant decree of Section 12(1)(f) of the Act of 1961 with regard to ground floor of the house in question in which the defendant/tenant is running a shop in the name and style 'Charm Shilp'.

2. Learned counsel for the appellants submits that in the second floor of the house in question the appellants/plaintiffs are running hotel business in the name and style 'Hotel Anjlik' and the said hotel is being run by the partners on the basis of a partnership deed (Ex.P/4) executed on 08.02.2005 in which the plaintiffs are the partners, but, the said partnership deed is unregistered.

3. Learned counsel for the appellants submits that since the portio

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