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2005 Supreme(MP) 1230

S.K.SETH
Nandlal – Appellant
Versus
Mangibai – Respondent


ORDER

1. Does the civil Court have jurisdiction to entertain a composite plea for eviction made by landlord covered by section 23-J of the M.P. Accommodation Control Act, 1961? Did the First Civil Judge Class II, Jaora commit an illegality in passing the order impugned dated 11.8.2004 in Civil Suit No. 23-A of 2002? These two questions are involved for determination in this petition under Article 227 of the Constitution of India.

2. Petitioner herein is defendant in an eviction suit filed by respondent a widow landlady. It is not disputed that she is seeking petitioner's eviction from suit accommodation on the grounds covered by section 12 (1) (a), (d) and (e) of the M.P. Accommodation Control Act, 1961 (hereinafter referred as "the Act" for short). In written statement, petitioner opposed the claim in suit. Based on pleadings, learned trial Court settled number of issues for trial, including issue No.6 relating to jurisdiction of the trial Court to entertain claim for eviction on the ground of bona fide self need of widow-landlady. Petitioner filed an application under Order XIV Rules 1 and 2 r/w section 151 of the Code of Civil Procedure, 1908 praying for determination of






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