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2022 Supreme(Online)(MP) 5188

HIGH COURT OF MADHYA PRADESH
S.N.Choudhary – Appellant
Versus
Shashi Shrimal – Respondent


Advocates:
Menon Associates,G.S.Namdeo,

Jabalpur , Dated : 04 /01/2022 Mrs. Shobha Menon, learned Senior counsel with Shri Rahul Choubey, learned counsel for the appellant.

Shri Siddharth Radhelal Gupta, learned counsel for the respondent. Heard on I.A.No.4663/2021, an application under Order 41 Rule 5 of C.P.C. for appropriate directions filed on behalf of the respondent/defendant as well as I.A.No.9149/2021, an application for passing appropriate orders: deferment of I.A.No.4663/2021 till pronouncement of judgment by Hon’ble Apex Court in SLP (C)

No.13834/2021 filed on behalf of the appellants.

The respondent/defendant instituted a regular civil suit for eviction under Section 12 (1) (a), (c) and (e) of the M.P. Accommodation Control Act, 1961. The trial Court vide its judgment dated 31.10.2007 decreed the suit in favour of the respondent. While doing so, the trial Court specifically recorded a finding that the contractual rent of the premises in question is Rs.4,300/-. Being aggrieved by the aforesaid judgment and decree, appellant/tenant filed the present appeal. This Court vide order dated 09.11.2007 was pleased to stay the decree regarding delivery of possession and vide order dated 12.03.2008, the appeal was admitted

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