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CASE NO.:

Appeal (civil) 4041 of 2001

Special Leave Petition (civil) 5722 of 1999

PETITIONER:

DEENA NATH

Vs.

RESPONDENT:

POORAN LAL

DATE OF JUDGMENT: 11/07/2001

BENCH:

D.P.Mohapatro, U.C.Banerjee

JUDGMENT:

D.P.MOHAPATRA,J.

Leave granted.

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 Ist 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.

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 Pra