Madhya Pradesh High Court
Deceased Vinod Kumar Through Lrs. ... vs Deceased Parasram Through Lrs. ... on 22 February, 2021
Author: Rohit Arya
1 SA-1189-2018
The High Court Of Madhya Pradesh
SA-1189-2018
(DECEASED VINOD KUMAR THROUGH LRS. SMT. USHA AND OTHERS Vs DECEASED PARASRAM
THROUGH LRS. MAHESH AND OTHERS)
8
Indore, Dated : 22-02-2021
Shri S.K.Garg, learned counsel for the appellants.
Shri Sameer Athawale, learned counsel for the respondents
This appeal by landlord under Section 100 CPC is directed against
the reversing judgment and decree dated 09.02.2018 passed by Third
Additional District Judge, Dr. Ambedkar Nagar (Mhow), District Indore
in Civil Appeal No.42/2016.
The judgment and decree of the trial Court ordering eviction on the
grounds of Section 12(1)(b) 'sub-let' and 12(1)(g) 'unsafe or unfit for
human habitation' of the M.P. Accommodation Control Act, 1961 (for
short 'the Act, 1961') have been reversed.
Learned counsel for the appellants/landlord while pointing out the
patent illegality and perversity in the impugned judgment and decree of
the appellate Court submits that relevant evidence duly considered by the
trial Court has altogether been ignored and findings recorded by the
appellate Court are de-hors the facts on record.
During the arguments, learned counsel for both the parties have
reached to a settlement to the effect that in the event this Court is inclined
to decree the suit, the respondents/tenant may be given a reasonable time
for eviction.
This Court in the backdrop of the factual matrix in hand that the
building in question is about 70 years old and is in a dilapidated
condition and also having been declared unfit for human habitation by the
Cantonment Board, Mhow, though this Court accedes to the prayer of
respondents/tenant for time but, not two years as prayed. Instead, one
Signature Not Verified
SAN
Digitally signed by Vibha Pachori
Date: 2021.02.24 18:47:29 IST
2 SA-1189-2018
year and three months time is granted enabling the respondent/tenant to
search for another place for running his business of Pan shop, a source of
his livelihood.
Accordingly this second appeal is disposed of on the following
terms and conditions:-
(i) respondent/tenant shall continue to pay the rent regularly
without default to the respondent/landlord on every 5th day of succeeding
month till expiry of one year three months;
(ii) the respondent shall not create any third party right over the
suit property;
(iii) the respondent shall not change or alter the suit shop in any
matter whatsoever;
(iv) the respondent/tenant shall vacate and handover the peaceful
possession of suit premises to the appellant/landlord without any
resistance on or before 24.05.2022;
(v) If the respondent/tenant fails to deliver peaceful possession on
o r before 24.05.2022, the appellant/landlord shall be free to approach
t h e concerned police station for providing police help to facilitate
forcible eviction of the respondent. The concerned SHO of police station
shall provide assistance for ensuring eviction of the respondent under
such circumstances.
( v i ) as pointed out by the learned counsel for the
appellant/landlord that the house is in dilapidated condition then the
respondent/tenant shall take due care and for any untoward happening the
landlord/appellant shall not be responsible for the same.
( v i i ) in case, the respondent/tenant violates any one of the
condition, the appellant/landlord shall be free to seek further order or
direction from this Court;
Signature Not Verified
SAN
(viii) the respondent/tenant shall furnish an undertaking before the
Digitally signed by Vibha Pachori
Date: 2021.02.24 18:47:29 IST
3 SA-1189-2018
trial Court within fifteen days from today to the aforesaid effect.
With the aforesaid directions, the appeal stands disposed of.
(ROHIT ARYA)
JUDGE
Vibha
Signature Not Verified
SAN
Digitally signed by Vibha Pachori
Date: 2021.02.24 18:47:29 IST
