Kamaljeet Singh vs Smt. Mariyambai
2022 Latest Caselaw 4194 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT INDORE
                                                                    SA No. 785 of 2020
                                                        (KAMALJEET SINGH Vs SMT. MARIYAMBAI AND OTHERS)

                                   Dated : 25-03-2022
                                           Shri H.Y. Mehta, learned counsel for the appellant.

                                           Shri Manoj Kumar Sahani, learned counsel for the respondents.

Heard on admission.

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

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

Court committed error of law in decreeing the suit under provisions of Section 12(1)(f) of M.P. Accommodation Control Act against the provisions of Order 3 Rule 2 of CPC., therefore, finding of the court below is perverse and against the settled principles of law?

(2) Whether, in the facts and circumstances of the case, the learned lower Court committed error of law in coming to a conclusion that plaintiffs have proved their need, that too bonafide one, therefore, need found proved was against the provisions of Order 6 Rule 15 of CPC?

(3) Whether, in the facts and circumstances of the case, the learned lower

Court has committed grave error of law in rejecting appellant's application for additional evidences and amendment?

(4) Whether, in the facts and circumstances of the case, the learned lower Court has committed grave error by misreading the judgment passed in the case of Badrilal Vs. Sitabai, 2011(1) MPLJ 682?

Counsel for the respondents prays for and is granted 3 weeks' time to file reply of pending IA No.1938/2020.

At this stage, counsel for the appellant prays for interim stay. Looking to the facts and circumstances of the case, it is directed that till the next date of hearing effect and operation of the impugned judgment and decree Signature Not Verified SAN passed by both the courts below shall remain stayed.

List after 3 weeks.

Digitally signed by TRILOK SINGH SAVNER Date: 2022.03.25 18:48:22 PDT

C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.03.25 18:48:22 PDT