Ghanshyam Yadav vs K.K. Dixit
2022 Latest Caselaw 13571 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. 2192 of 2022

                            BETWEEN:-
                            G H A N S H YA M YADAV S/O  LATE    SHRI
                            MURLIDHAR YADAV, AGED ABOUT 66 YEARS,
                            OCCUPATION: RETIRED, R/O SONI JI KA BADA
                            LOHIYA BAZAR LASHKAR GWALIOR (MADHYA
                            PRADESH)

                                                                                .....APPELLANT
                            (BY SHRI PRAKASH CHANDRA CHANDIL- ADVOCATE)

                            AND
                            K.K. DIXIT S/O LATE SHRI R.C. DIXIT
                            OCCUPATION: ADVOCATE R/O DEENDAYAL
                            NAGAR, GWALIOR (MADHYA PRADESH)

                                                                              .....RESPONDENT
                            (BY SHRI ANAND VINOD BHARDWAJ- ADVOCATE )

                           Th is appeal coming on for hearing this day, t h e court passed the
               following:
                                                      ORDER

This Second Appeal has been filed by the defendant/tenant against the

judgment dated 5.8.2022 passed by the 12th District Judge, Gwalior, in Regular Civil Appeal No.126/2021 affirming the judgment dated 4.10.2021 passed by the 12th Civil Judge, Class I, Gwalior, in Civil Suit No.20-A/2014 whereby suit of the respondent-plaintiff for eviction and arrears of rent has been decreed in his favour.

Signature Not Verified Learned counsel for the appellant submits that he does not want to Signed by: MADHU SOODAN PRASAD challenge the concurrent findings as recorded by learned Courts below. He only Signing time: 17-10-2022 10:17:39 AM

prays for further time till 30th September, 2023 to vacate the suit premises.

The 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 continue to pay the rent to the respondent/plaintiff on time alongwith mesne profit of Rs.3,500/-, failing which the respondent/plaintiff will be entitled for execution of the judgment & decree passed by the Courts below.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 17-10-2022 10:17:39 AM