Devi Chand Bohra vs Aditya Trivedi
2021 Latest Caselaw 8303 MP

                                                                             1                                   SA-2658-2019
                                             The High Court Of Madhya Pradesh
                                                       SA No. 2658 of 2019
                                                                (DEVI CHAND BOHRA Vs ADITYA TRIVEDI)


                                    Jabalpur, Dated : 06-12-2021
                                         Shri Sankalp Kochar, counsel for the appellant.

                                         Shri Sanjay Sharma, counsel for the caveator.
                                         Heard on the question of admission.
                                         The appeal is admitted on the following substantial questions of law :-

                                                 "(1) Whether the Courts below committed a grave error of

                                        law in decreeing the Suit of the respondent/plaintiff under section

12(1)(a) of the M.P.Accommodation Control Act, despite payment of the entire rent demanded between 1.8.2010 to 31.8.2013 along with an additional amount of Rs.6,000/- on 2.1.2014 ?

(2) Whether the Lower Appellate court committed grave error of law in appreciating the application of the appellant/defendant under section 13(1) of the M.P.Accommodation Control Act read with Section 107(2) of the CrPC, which unerringly points towards payment of entire rent in

the Court CCD ?

(3) Whether the Courts below have committed an error of law in overlooking rent receipts filed by the appellant/defendant Under Order 8 Rule 1 CPC which gives detailed break up of payment of entire rent from 5.1.1994 till 12.11.2018 ?

(4) Whether the Courts below committed grave error of law in passing decree under section 12(1)(c) of the M.P.Accommodation Control Act despite clear admission in terms of Section 58 of the Evidence Act being recorded in Ordersheet dated 12.8.2016, where he has given his no objection regarding construction of furniture as well as construction of house by the Signature Not Verified SAN defendant ?

Digitally signed by TRUPTI GUNJAL Date: 2021.12.07 18:22:21 IST 2 SA-2658-2019 (5) Whether the Lower Appellate Court committed grave error of law in not appreciating the application under Order 41 Rule 27 CPC which further establishes the factum of payment of entire rent, as also the receipts, which were not traceable during the proceeding before the trial court ?"

Also heard on I.A.No.12264/2019, an application under Order 41 Rule 5 read with section 151 of CPC.

Till the next date of hearing, it is directed that the effect and operation of the impugned judgments and decree dated 12.9.2019 (Annexure A-1) and 26.12.2018 (Annexure A-2) shall remain stayed.

List the appeal for final hearing in due course.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.07 18:22:21 IST