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2001 Supreme(SC) 920

D.P.MOHAPATRA, UMESH C.BANERJEE
Deena Nath – Appellant
Versus
Pooran Lal – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. This appeal filed by special leave is directed against the judgment and decree passed by the High Court at Jabalpur in Second Appeal No.81/98 in which the Court set aside the concurrent judgments of the courts below and dismissed the suit. The appellant, who is the landlord of the suit premises filed Civil Suit No.4-A/92 in the Court of the 1st Civil Judge, Class I, Hoshangabad seeking eviction of the respondent, the tenant on the grounds of default and bonafide requirements under Sections 12(1)(a) and (f) of the Madhya Pradesh Accommodation Control Act, 1961 (for short the Act ) respectively.

3. The suit premises is one of the five shop rooms on the ground floor of the building owned by the plaintiff. It was the case of the plaintiff that he needs the shop room in occupation of the defendant for the purpose of opening a new shop for his son Pradeep Kumar Gupta.

4. The defendant refuted both the grounds taken in support of the plea of his eviction. He denied that he was in arrear of rent and also that the landlord had any bonafide need for the premises. The defendant further pleaded that one other shop room which was previously let out to































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