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2013 Supreme(MP) 625

K.K.Trivedi
Kaushalya – Appellant
Versus
Padam Kumar Jain – Respondent


Advocates:
Pranay Verma for appellants; Anurag Tiwari for respondents.

ORDER

1. This second appeal is directed against the judgment and decree dated 10th April, 2012 passed in Regular Civil Appeal No. 3-A/2011 by the Additional District Judge to the Court of First Additional District Judge, Katni arising out of judgment and decree dated 30.10.2009 passed in Civil Suit No. 68-A/2009 by the Third Civil Judge Class-II, Katni, by which a decree of eviction against the appellants has been affirmed. The respondent/plaintiff filed the suit against the appellants on the ground of bona fide need of the suit accommodation. The need of bona fide was shown to be for the son to start his office as an advocate. Such a suit was resisted on the ground that sufficient accommodation was available to the respondent/ plaintiff to establish the office of his son. It was contended that the very same respondent/plaintiff has filed a suit against yet another tenant-Kanhaiyalal on the bona fide need of the accommodation let out to him and the said suit was decreed, which decree was affirmed up to the stage of Second Appeal. The possession of the said accommodation was obtained by the respondent/plaintiff even then the suit was filed with mala fide intention. The right to file





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