Subhash Palsodkar vs Ku. Radhika
2021 Latest Caselaw 8304 MP

                                                                      1                                    SA-2674-2019
                                          The High Court Of Madhya Pradesh
                                                    SA No. 2674 of 2019
                                                           (SUBHASH PALSODKAR Vs KU. RADHIKA)


                                    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 1.9.2010 to 31.8.2013 and for all subsequent periods ?

(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 ?

(4) 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 ?

(5) Whether in light of application dated 28.2.2014 filed by the plaintiff requesting release of rent, he is estopped from Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.07 18:22:22 IST 2 SA-2674-2019 asseverating default in payment of rent by the appellant/defendant?"

Also heard on I.A.No.12342/2019, 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 along with Second Appeal No.2658/2019.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

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