SHYAMBIHARI LAL Vs. JAGANNATH PRASAD

JUDGEMENT

(1.) THE plaintiff filed a suit for eviction of his tenant on the ground that the premises are needed for his use and also for the use of his nephew. The trial Court decreed the suit but on appeal the learned Additional District Judge, Gwalior, dismissed the suit on the ground that a nephew was not a dependent of the plaintiff, and, as such the tenant could not be evicted from the premises. Aggrieved by this the plaintiff has filed this second appeal. The question for determination is whether a nephew can be regarded to be a person of ones family.

(2.) CLAUSE (g) of Section 4 of the Madhya Pradesh Accommodation Control Act runs thus: -