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2009 Supreme(MP) 667

A.M.NAIK
Sahibram Dhingra (d) through LR – Appellant
Versus
Shivshankar Goyal – Respondent


Advocates:
R.C. Khanna with EA. Shah for appellant;
V.K.Bharadwaj with Anand Bharadwaj for respondent.

JUDGMENT

1. This appeal has been preferred by the defendant-tenant against a decree for eviction granted by the Courts below in concurrent manner under section 12(1)(c) of the M.P. Accommodation Control. Act, 1961.

2. Plaintiff-respondent instituted a suit in the capacity of power of attorney holder of Bhagwan Das Goyal for eviction and recovery of arrears of rent with allegations that the suit house situated at A.B. Road, Kamlaganj, Hanuman Colony, Shivpuri is owned by the principal (i.e. Bhagwan Das Goyal) which was occupied by the defendant-appellant for residential purpose on rent @ Rs.250/-p.m. Appellant lastly paid the rent on 6.5.2004 and obtained receipt therefor, wherein he acknowledged balance of Rs.4,000/- towards arrears of rent. Son of the defendant-appellant, contrary to the purpose of tenancy converted one room of tenanted premises for non-residential purpose and opened a STD/PCO Centre with registration No.07492-503031. The STD/PCO dealership was obtained from Airtel Company which is revealed in the computerized bill No.205468243 dated 2.10.2004 which was appended to the plaint. Thus, the appellant having committed an act inconsistent with the purpose of tenancy has






























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