Mahesh vs Makhansingh
2022 Latest Caselaw 2354 MP

                                                                         1
                                              The High Court Of Madhya Pradesh
                                                        SA No. 1848 of 2021
                                                        (MAHESH AND OTHERS Vs MAKHANSINGH AND OTHERS)

                                   Indore, Dated : 21-02-2022
                                         Shri Satish Jain, learned counsel for the appellants.

                                         Heard on admission.
                                         This second appeal is admitted for final hearing on the following substantial
                                   questions of law:-
                                         (1) Whether, the learned Appellate Court committed legal error by decreeing
                                   the suit on the basis of Section 246 of MPLRC which was never pleaded nor

                                   proved by the plaintiff and hence the decree passed is against the pleading of suit
                                   i.e. Order 6 Rule 2 ?
                                         (2) Whether, the learned Appellate Court while decreeing the suit by
                                   considering the evidence of DW/2 committed legal error by going against the
                                   settled principle that plaintiff is bound to prove his case especially when he
                                   (plaintiff) has sought mandatory injunction and possession?
                                         (3) Whether, the present suit for possession of Patta land was barred
                                   looking to Section 250 of MPLRC?
                                         (4) Whether, the learned Appellate Court committed error of law by

                                   decreeing the title suit on the basis of the oral admission, that too of the win over
                                   witness of the appellant?


                                         Heard on IA No.8245/2021, which is an application under Order 41 Rule 5
                                   of CPC for stay.
                                         Considering all the facts and circumstances of the case and after perusal of
                                   the impugned judgment and decree passed by the first appellate court, it is directed
                                   that till the next date of hearing operation of the impugned judgment and decree
                                   dated 26.10.2021 passed by the 4th Addl. District Judge, Shujalpur in Regular Civil
                                   Appeal No.10-A/2021 shall remain stayed.
                                         Let notice be issued to the respondents on payment of PF within 7 days.

Signature Not Verified SAN Notices be made returnable within 8 weeks. Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.22 18:41:47 PST C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.22 18:41:47 PST