Daljeet Singh vs Smt. Suman Mittal W/O Shri Rakesh ...
2021 Latest Caselaw 5093 MP

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            HIGH COURT OF MADHYA PRADESH
                         S.A.No.-436/2021
         (Daljeet Singh & Anr. Vs. Suman Mittal & Anr.)

Gwalior, Dated: 6.09.2021
      Heard through hybrid system of physical/virtual hearing.

      Shri Sameer Shrivastava, learned counsel for the appellants.

      Shri Anmol Khedkar, learned counsel for respondent No.1.

Heard on admission.

Respondent No.1 filed a civil suit before the trial Court for

eviction and arrears of rent which was dismissed. Against this

dismissal, plaintiff filed an appeal which was partly allowed by which

the suit property was ordered to be evicted. Against this, defendants

have preferred this second appeal.

This second appeal is admitted on the following substantial

questions of law:-

"1. Whether the learned lower appellate Court committed

substantial error of law in holding that plaintiff is in

bonafide requirement of suit shop ?

2. Whether the judgment and decree passed by learned

lower appellate Court with regard to Section 12(1)(f) of the

M.P. Accommodation Control Act is vitiated on the ground

of ignoring the admission made by Rajesh Mittal (PW-1)

on material point ?

Record of the trial Court has already been received.

Issue notice of final hearing to the respondents on payment of

process fee within seven days. Notice be made returnable in four

weeks.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2021.09.07 10:37:38 +05'00'