Smt. Mahesh Kumari Rajput vs Smt. Gyatri Chandel
2022 Latest Caselaw 797 MP

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               The High Court Of Madhya Pradesh
                         SA No. 55 of 2021
                      (SMT. MAHESH KUMARI RAJPUT Vs SMT. GYATRI CHANDEL)

    Jabalpur, Dated : 17-01-2022
          Heard through Video Conferencing.

          Shri Devashish Sakalkar, counsel for the appellant.
          Shri Vinod Kumar Dubey, counsel for the respondent.

Heard on admission.

This second appeal is admitted on the following substantial questions of law:-

1. Whether there is landlord and tenant relationship existing between plaintiff and defendant?

2. Whether the findings recorded by both the Courts below are perverse as the defendant failed to prove her title?

Heard on I.A. No. 269/2021, which is an application under Order 41 Rule 5 of the CPC.

After hearing learned counsel for the parties, it is directed that the operation of impugned judgment and decree dated 4.12.2019 passed by Sixth Civil Judge Class I, Sagar in RCS No. 37-A/16 shall remain stayed only

in respect of one room of the suit house, in which the appellant/defendant is residing subject to furnishing security and a personal bond of a sum of Rs.4,00,000/- before the trial Court concerned within a period of 15 days from today.

It is made clear that this order shall remain in force for a period of six months from today only.

Issue notice to the respondent by both the modes along with aforesaid substantial questions of law and a copy of this order, on payment of process fee within seven working days.

Digitally signed by PRADYUMNA BARVE Date: 2022.01.19 (SMT. ANJULI PALO) JUDGE 10:11:26 +05'30'

PB