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Issues Involved:
1. Ownership of the property. 2. Relationship of landlord and tenant between the plaintiff and the defendant. 3. Application of the doctrine of res judicata. 4. Grounds for eviction under the M.P. Accommodation Control Act, 1961. Issue-wise Detailed Analysis: 1. Ownership of the Property: The appellant, Ramadhar, purchased the property from Hiralal Babulal through a registered sale deed dated February 23, 1981. The deed stated that Hiralal was the absolute owner and had full rights to sell the house. The appellant contended that the property was self-acquired by Hiralal, not ancestral, and thus Hiralal had the right to sell it. The trial court confirmed Hiralal's ownership and the legality of the sale to Ramadhar, rejecting the claims of Ganpat and Bhagwandas that the property was ancestral. This finding was upheld in the subsequent suit, establishing Ramadhar's ownership. 2. Relationship of Landlord and Tenant: The trial court found that Bhagwandas was a tenant of Hiralal, paying rent of Rs. 10 per month, and upon the sale of the property, Bhagwandas became the tenant of Ramadhar. Bhagwandas denied this relationship, claiming he was neither a tenant of Hiralal nor Ramadhar. The appellate court and the High Court found no landlord-tenant relationship due to Bhagwandas' refusal to pay rent to Ramadhar. However, the Supreme Court held that the earlier finding of tenancy in the previous suit operated as res judicata, preventing Bhagwandas from denying the landlord-tenant relationship in the current proceedings. 3. Application of the Doctrine of Res Judicata: The Supreme Court emphasized that the previous judgment conclusively established the ownership of Ramadhar and the tenancy of Bhagwandas. The court cited several precedents to underline that the findings on ownership and tenancy in the earlier suit operated as res judicata, barring Bhagwandas from re-litigating these issues. The court noted that any matter that 'might and ought' to have been raised in the earlier suit but was not, would also be barred under constructive res judicata. 4. Grounds for Eviction under the M.P. Accommodation Control Act, 1961: The appellant sought eviction on multiple grounds, including bona fide need, non-payment of rent, denial of title, damage to the property, and need for reconstruction. The trial court found the plaintiff's need genuine and bona fide, and that Bhagwandas had denied the plaintiff's title, making him liable for eviction. The Supreme Court upheld these findings, noting that the trial court's decree for possession was justified and should be restored. Conclusion: The Supreme Court allowed the appeal, setting aside the judgments of the lower appellate court and the High Court, and restored the trial court's decree for possession in favor of the appellant. The court granted Bhagwandas four months to vacate the premises, subject to filing an undertaking. The findings on ownership and tenancy from the earlier suit operated as res judicata, preventing Bhagwandas from contesting these issues again. The appellant's grounds for eviction were upheld, and the trial court's decision was deemed correct.
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