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2024 Supreme(Online)(MP) 55476

HIGH COURT OF MADHYA PRADESH
Mohammad Iftekhar – Appellant
Versus
Mohammad Moien – Respondent


Advocates:
Akhil Godha,

ORDER

Heard finally with the consent of both the parties.

In this petition under Article 227 of the Constitution of India the petitioner has assailed the legality, validity and propriety of the order dated 03.02.2022, passed in Civil Suit No.776-A/2020, passed by the 13th Civil Judge, Indore(M.P.) whereby, application filed by the respondent under Section 13(6) of M.P. Accommodation Control Act, 1964(hereinafter refereed to as the "Act") has been allowed and the defence of the petitioner was struck off.

2. Brief facts of the case are that the respondent has filed a suit for eviction against the petitioner alleging that the Old shop 208(New287) situated at Naya Pura, Main Road, Near Ghadi Wali Maszid, Street No.1, Indore is of the ownership of the respondent. The said shop was let out to the petitioner on rent @ Rs.450/- per month. The respondent alleged that the petitioner is irregular in paying rent and also certain amount of rent is due on him, therefore, the suit was filed for eviction under Section 12(1)(a) and for recovery of arrears of rent and also on bonafide requirements under Section 12(1) (f) and 12(1) (c) and mesne profit. The petitioner filed a written statement and d



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