Shivnarayan Gangil Deceased ... vs Prakash Chand Sahula
2022 Latest Caselaw 13568 MP

                                 1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 14th OF OCTOBER, 2022

                  SECOND APPEAL No. 1901 of 2022

        BETWEEN:-
1.      SHIVNARAYAN GANGIL DECEASED THROUGH
        LRS (A) SMT. RAMADEVI GUPTA W/O LATE
        SHRI SHIVNARAYAN GANGIL, AGED ABOUT 68
        YEARS, OCCUPATION: HOUSEHOLD SHANKAR
        BAZAR AT PRESENT RUI KI MANDI MORNEA
        (MADHYA PRADESH)

2.      SHIVNARAYAN GANGIL DECEASED THROUGH
        LRS (B). CHETAN GANGIL S/O LATE SHRI
        SHIVNARAYAN GANGIL, AGED ABOUT 44
        YEARS, SHANKAR BAZAR, AT PRESENT RUI KI
        MANDI, MORENA (MADHYA PRADESH)

3.      SHIVNARAYAN GANGIL DECEASED THROUGH
        LRS (C). SMT ALKA GOYAL D/O LATE SHRI
        SHIVNARAYAN GANGIL, AGED ABOUT 48
        YEAR S, A-403, GOKULYA PUNYA BHUMI, VIP
        ROAD, BESU ALTHAN, SURAT CITY, (GUJARAT)

                                                            .....APPELLANTS
        (SHRI PRAKASH CHANDRA CHANDIL- ADVOCATE)

        AND
        PRAKASH CHAND SAHULA S/O LATE SHRI
        JAIKUMAR SAHULA, AGED ABOUT 69 YEARS,
        OCCUPATION: BUSINESS SHANKAR BAZAR
        MORENA (MADHYA PRADESH)

                                                           .....RESPONDENT
        (BY SHRI SHATRU DAMAN SINGH BHADAURIYA- ADVOCATE)

      Th is appeal coming on for hearing this day, the Court passed the
following:
                                  ORDER

This Second Appeal has been filed by the defendant/tenant under Section 100 of the Code of Civil Procedure against the judgment and decree dated

27/07/2022 passed by the 6th District Judge, Morena (M.P.), in Regular Civil Appeal No.38/2019 affirming the judgment and decree dated 03/10/2019 passed by the 3rd Civil Judge, Class-I, Morena (M.P.), in Civil Suit No.12A/2015 whereby suit of the respondent-plaintiff for eviction and arrears of rent has been decreed in his favour.

Learned counsel for the appellant submits that he does not want to challenge the concurrent findings as recorded by learned Courts below. He only prays for further time till 30th September, 2023 to vacate the suit premises.

T h e said prayer is not opposed by learned counsel for the respondent/plaintiff, however, he submits that appellant be directed to deposit

the fixed rent of the suit premises on time along with mesne profit.

In view of the aforesaid, this appeal is disposed of with a direction to the appellant to vacate the suit premises by 30th September, 2023 and during this period, he will pay the rent to the respondent/plaintiff on time alongwith mesne profit of Rs.3,000/- per month and file an undertaking before the trial Court within fifteen days from today, failing which the respondent/plaintiff will be entitled for execution of the judgment & decree passed by the Courts below.

(DEEPAK KUMAR AGARWAL) JUDGE rahul

Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4de e473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D1 59B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.10.19 10:16:13 +05'30'