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ASHOK KUMAR JOSHI
Virendra Prajapati – Appellant
Versus
K. B. Agarwal – Respondent
1. This second appeal under section 100 of CPC has been preferred by the appellant-defendant against decree for eviction granted by the learned Courts below, in concurrent manner on the ground under section 12(1)(a) of the M.P. Accommodation Control Act, 1961 (for short “the Act”).
2. Short facts, relevant for the purpose of this appeal, are that the plaintiff/respondent instituted a suit on grounds under sections 12(1)(a), 12(1)(c) and 12(1)(d) of the Act for eviction of defendant/present appellant from suit accommodation (shop) and recovery of arrears of rent as well as mesne profits mainly with the allegations that the defendant had obtained the suit shop from the plaintiff @ Rs.600 p.m. on rent. It is averred in the plaint that the above said rent was paid up to the period of 31.8.2011 but thereafter same was due and not paid from 1.9.2011 till 30.11.2014 despite raising demand at several times and receiving registered notice sent by the plaintiff on 10.9.2014 prior to filing of the suit. In view of the above facts, the vacant possession of the suit shop with arrears of rent and mesne profit was prayed for by passing a decree for eviction against the defendant-tenant.
3. T
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