Ashish Kumar Tadaiya (Jain) vs Akbar Hussain (Deceased ) Thro ...
2021 Latest Caselaw 6966 MP

                                                                       1                                  SA-458-2021
                                            The High Court Of Madhya Pradesh
                                                        SA-458-2021

(ASHISH KUMAR TADAIYA (JAIN) Vs AKBAR HUSSAIN (DECEASED ) THRO LRS. SMT. KHURSHID BAI AND OTHERS)

Jabalpur, Dated : 28-10-2021 Mr. Avinash Zargar and Mr. Rohit Jain, learned counsel for the applicant.

Mr. Isar Ahmad, learned counsel for the caveator. Record has been received.

Heard on the question of admission. Having perused the record of the Courts below, this appeal is admitted on the following Substantial Questions of law :-

"a. Whether, both the Courts below rightly or wrongly considered that the plaintiff filed a suit for his need and as soon as he died and his legal representative did not amend the plaint nor pleaded for their bonafide need, then can be suit be decreed?

b. Whether, the present plaintiffs did not plead and prove their bonafide requirement for running business in the suit premises and in the

absence of such pleading and evidence the judgment and decree passed by both the Courts below are sustainable or not?

c. Whether, the judgment and decree passed by both the Courts below is according to law pleading and evidence?"

List this case in the week commencing 15.11.2021 for orders on I.A.

No.2574/2021.

(ARUN KUMAR SHARMA) JUDGE

julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2021.10.28 17:10:24 IST