Smt. Indra vs Devkilal
2022 Latest Caselaw 1107 MP

                                     1
        The High Court Of Madhya Pradesh
                  SA No. 330 of 2021
                         (SMT. INDRA AND OTHERS Vs DEVKILAL)

Gwalior, Dated : 24-01-2022
       Heard through Video Conferencing.

       Shri G.S.Sharma, learned counsel for the appellants.
       Shri Mahesh Goyal, learned counsel for the respondent.

This appeal under Section 100 of CPC by a tenant is filed against the judgment and decree dated 17/02/2021 passed by the District Judge, Guna in regular Civil Appeal No.132/2018 confirming the judgment and decree dated 20/09/2018 passed

by V Civil Judge Class-I, Guna in Civil Suit No.17-A/2017, whereby suit for bonafide requirement under Section 12(1)(f) of M.P. Land Revenue Code has been decreed in favour of respondent/ landlord.

Learned counsel for the appellants though at the first instance tried to criticize the impugned judgments and decrees interalia contending that the Courts below have not appreciated the evidence on record in correct perspective and right earnest and the findings so recorded by the Courts below are perverse in nature, as despite availability of alternative accommodation with respondent/ landlord, the suit for bonafide requirement has been decreed in his favour and eviction of appellants from the suit premises has been ordered.

This Court upon careful perusal of the impugned judgments and decrees of the Courts below is of the view that both the Courts below have recorded impregnable findings of facts upon critical evaluation of evidence available on record. As such, no illegality or perversity is found in the findings so recorded by the Courts below. In fact, the entire gamut of the matter is in the realm of facts. No question of law much less substantial question of law arises warranting interference under Section 100 of CPC.

At this stage, learned counsel for the appellants submits that in case, this Court is not inclined to admit this appeal, sometime may be given to the appellants/ tenant to vacate the suit premises. The appellants have asked for 01 year time, whereas, Shri Goyal, learned counsel for respondent/ landlord vehemently opposes the prayer with the submission that it is over 09 years, respondent/ landlord has fought tooth and nail for eviction of his premises for bonafide need, hence, no further indulgence is warranted in the matter of eviction of appellants from the suit

premises.

Upon consideration of the submissions advanced, this Court in the fitness of things considered it appropriate to allow the appellants/ tenant to continue in possession of the suit shop for 08 months on following terms and conditions:-

(i) the appellants/tenant shall continue to pay the rent regularly without default to the respondent/landlord on every 7th day of succeeding month till expiry of eight

months i.e. on or before 24th September, 2022;

(ii) the appellants shall not create any third party right over the suit property;

(iii) the appellants shall not change or alter the suit premises in any matter whatsoever;

(iv) the appellants/tenant shall vacate and handover the peaceful possession of suit premises to the respondent/landlord without any resistance within a period of 08 months; i.e. on or before 24th September, 2022;

(v) If the appellants/tenant fails to deliver peaceful possession on or before 24th September, 2022, the respondent/landlord shall be free to approach the concerned police station for providing police help to facilitate forcible eviction of the appellants. The concerned SHO of police station shall provide assistance for ensuring eviction of the appellants under such circumstances;

(vi) in case, the appellants/tenant violates any one of the aforesaid condition, the respondent/landlord shall be free to seek further order or direction from this Court;

(vii) the appellants/tenant shall furnish an undertaking before the trial Court within fifteen days from today to the aforesaid effect.

With the aforesaid directions, the appeal stands disposed of.

(ROHIT ARYA) JUDGE

vc VARSHA CHATURVEDI 2022.01.25 13:36:45 +05'30'