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1999 Supreme(MP) 207

R.P.GUPTA
Madanlal Sharma – Appellant
Versus
Meenabai – Respondent


Advocates:
Ravish Agrawal and Sanjay Seth for appellants; Ashok Chakrawarthy for respondent.

JUDGMENT

This is second appeal by tenants against the concurring judgment of District Judge, Rajnandgaon in Civil Appeal No. 9-A/81 passed on 4.4.1989 confirming the trial Court's decree of eviction against the tenants in favour of the landlord in respect of suit premises passed by Civil Judge Class-II, Rajnandgaon, in Civil Suit No. 136-A/79 decided on 15.1.1981.

The disputed premises is residential house, admittedly let out to appellants/ defendants. It has been found by the Courts-below that it was let out for residential purpose only, and the landlord the present respondent needs the premises for her own residence bonafidely and she has no other suitable residential accommodation to satisfy her need. These are concurrent findings of fact by the trial Court as well as by the first appellate Court.

The defendants had challenged the claim of the plaintiff denying her bonafide need and also urging that the premises had been taken for residential-cum-commercial purpose. However, both these assertions were negatived by both the Courts.

The second appeal was admitted on the following questions of law as substantial questions :

(i) Whether the Courts-below were right in holding that the











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