PRADYUMAN SINGH Vs. ANIL KUMAR DUBEY
HIGH COURT OF MADHYA PRADESH
Anil Kumar Dubey
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ANJULI PALO,J. -
(1.) This second appeal has been filed against the judgment and decree dated 29.03.2019 passed by learned 13th Additional District Judge, Rewa in Civil Appeal No.158/2018 whereby the Lower Appellate Court allowing the appeal preferred by the plaintiff has reversed the findings recorded by the Trial Court in judgment and decree dated 22.10.2018 passed in Civil Suit No.17-A/2016 and directed that the plaintiff would be entitled to the possession of the suit property after two months from the date of judgment.
(2.) The respondent/plaintiff filed the civil suit, C.S. No.17-A/2016 under Sections 12 (1) (a), 12 (1) (c) and 12 (1) (f) of the M.P. Accommodation Control Act, 1961 for eviction and recovery of arrears of rent against the appellant/defendant on the grounds that the defendant has not paid arrears of rent; and bona fide need of his personal use and to run his business on the said premises and he has no alternative suitable accommodation.
(3.) The defendant filed written statement denying the averments made in the plaint contending inter alia, that the plaintiff has not issued any demand notice for arrears of rent and as he is ready and willing to deposit the rent from June, 2015 to June, 2016, he has deposited the same through bank draft in Court. So far as bona fide need of the appellant/plaintiff is concerned, it is contended that the plaintiff himself is serving in Chhattisgarh and residing there with family, hence he does not need suit accommodation for himself.;
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