Mohammad Arif vs Ashok Kumar
2022 Latest Caselaw 2933 MP

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                                               The High Court Of Madhya Pradesh
                                                         SA No. 79 of 2022
                                                              (MOHAMMAD ARIF Vs ASHOK KUMAR)

                                   Indore, Dated : 02-03-2022
                                           Shri Mahendra Kumar Jain, learned counsel for the appellant.

                                           Shri Vijay Kumr Govindani, learned counsel for the respondent.

Heard on admission.

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

(1) Whether, under the facts and circumstances of the case learned lower

appellate court erred in law in passing findings with regard to bonafide need of respondent for starting his office in suit shop without applying objective test in the light of Apex Court's judgment in the matter of Mattulal Vs. Radhelal reported in AIR 1974 SC 1956 and without considering the material evidence of parties and therefore said findings are perverse and vitiated in law?

(2) Whether, both the learned courts below erred in law in passing decree under Section 12(1)(f) of the M.P. Accommodation Control Act without considering the conduct of plaintiff who had executed an agreement to sale of suit shop to defendant and violated the terms and conditions of the agreement and filed

eviction suit against defendant and without considering the material evidence of the parties and, therefore, the findings are perverse and vitiated in law?

(3) Whether, both the learned courts below erred in law in passing decree under Section 12(1)(h) of the M.P. Accommodation Control Act without considering the conduct of plaintiff who had executed an agreement to sale of suit shop to defendant and violated the terms and conditions of the agreement and filed eviction suit against defendant and without considering the material evidence of the parties and, therefore, the findings are perverse and vitiated in law?

(4) Whether, under the facts and circumstances of the case learned lower appellate court erred in law in passing findings with regard to compliance of section 12(7) of the Act before confirming decree under Section 12(1)(h) of the Signature Not Verified SAN Act granted by learned trial Court?

Digitally signed by TRILOK SINGH SAVNER Date: 2022.03.03 10:47:29 PST (5) Whether, learned lower appellate court erred in law in passing findings

that when one time learned trial Court condoned the delay in depositing monthly rent, then second time delay in depositing rent cannot be condoned under Section 13(1) of the Act and dismissing the application under Section 13(1) of the Act filed by defendant appellant?

Learned counsel for the respondent prays for and is granted a week's time to file reply of the pending IA No.153/2022.

List thereafter.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.03.03 10:47:29 PST