B L PAVECHA Vs. R G WAGHMARE

JUDGEMENT

(1.) THIS S.A. u/s 100 CPC filed by legal representatives of the plaintiff is directed against, appellate judgment and decree dated 12.2.1984 passed in C.R.A. 146-A/84, by Fifth Additional Judge, to the District Judge, Indore, thereby reversing trial Court's judgment and decree dated 28.3.1983, as passed by the trial Court, C.O.S. No.424-A/82.

(2.) A learned Single Judge of this Court, who heard this appeal, faced with conflicting views, as expressed injudicial pronouncements, referred to the order and puzzling problems, as regards interpretation of the expression 'living jointly with' occurring in clause 2(e) of section 2 of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'Act of 1961'), raised the following question :

(3.) PLAINTIFF Narmadabai died on 30.11.1989 and the present appeal was filed by her sons.