- (1.)THE unsuccessful appellants/defendants have preferred this appeal against the judgment and decree dated 16. 07. 1997 passed in Civil Appeal No. 16-A/1995 by 7th Additional District Judge, Bilaspur, affirming the decree for eviction of the appellants/defendants from the suit premises on grounds under Section 12 (1) (a) and (m) of the Madhya Pradesh Accommodation control Act, 1961 (hereinafter referred to as 'the act ).
(2.)BY order dated 27. 02. 2008, for not substituting the legal representatives of the deceased appellant/defendant No. 1 Laxmi Prasad, the appeal in so far as the appellant Laxmi Prasad is concerned has abated.
(3.)IT is not in dispute that the deceased Laxmi prasad and the appellant/defendant No. 2 Raj Kumar were the joint tenants in the suit house situated in firangipara, Kargi Road (Kota), District Bilaspur, shown by green ink in the map attached with the plaint. The averment in plaint paragraph 5 that the appellants/defendants had constructed a Parchhi in the courtyard of the suit house is also not in dispute.
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