Jabalpur Vidyapeeth vs Abbas Husain (Dead) Thr. Lrs Smt. ...
2023 Latest Caselaw 5416 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          SA No. 1021 of 2020
                          (JABALPUR VIDYAPEETH AND OTHERS Vs ABBAS HUSAIN (DEAD) THR. LRS SMT. TASMEEM ALVI AND
                                                                OTHERS)

                          Dated : 01-04-2023
                                Shri Ashok Kumar Tiwari - Advocate for the appellants.

                                Shri Prakash Kumar Gupta - Advocate for the respondents.

The Appeal being arguable is admitted for final hearing on the following substantial questions of law:

"1. Whether under the facts and circumstances of the case, power of attorney holder can depose on behalf of the plaintiff with regard to his bonafide requirement of non- residential purposes?

2. Whether after the death of plaintiff bonafide requirement for non-residential purposes of plaintiff had vanished or not?

3. Whether a tenancy by attorment was created?

4. Whether the defendants-appellants had denied title of the plaintiff warranting passing of decree under Section 12(1)(c) of the M.P. Accommodation Control Act.

5. Whether the Courts below erred in law in granting decree under Section 12(1)(c) of the M.P. Accommodation Control Act."

Since the respondents are being represented by their counsel, accordingly, the counsel for the appellants is directed to supply copy of memo of appeal.

Shri Gupta, counsel for the respondents prays for and is granted three weeks time to file reply.

Since, the appeal has been admitted, therefore, effect and operation of impugned judgment and decree dated 22.02.2020 shall remain stayed subject to payment of mesne profits of Rs.5,000/- to be paid by 15th of every succeeding Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 03-Apr-23 5:56:12 PM

month.

(G.S. AHLUWALIA) JUDGE

vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 03-Apr-23 5:56:12 PM