Laxmi Narayan Tiwari vs Prashant Kumar Tated
2023 Latest Caselaw 5561 MP

                                                          1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 5 th OF APRIL, 2023
                                            SECOND APPEAL No. 259 of 2015

                         BETWEEN:-
                         1.    LAXMI NARAYAN TIWARI S/O LATE KRISHNA
                               CHAND TIWARI, AGED ABOUT 58 YEARS, KAMANI
                               GATE KOTHI BAZAR BETUL (MADHYA PRADESH)

                         2.    NARENDRA KUMAR S/O KRISHNA CHAND
                               TIWARI, AGED ABOUT 56 YEARS, OCCUPATION:
                               MENTL DISORDER , THROUGH GUARDIAN
                               LAXMI NARAYAN TIWARI R/O KAMANI GATE,
                               KOTHI BAZAR BETUL TAH. DISTT. BETUL
                               (MADHYA PRADESH)

                                                                                       .....APPELLANT
                         (BY SHRI J.L MISHRA - ADVOCATE)

                         AND
                         PRASHANT KUMAR TATED S/O SUGAN CHAND TATED,
                         AGED ABOUT 52 YEARS, KAMANI GATE KOTHI BAZAR
                         BETUL (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         (BY SHRI PRIYANK KHANDELWAL - ADVOCATE)

                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                           ORDER

This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 10.02.2015 passed by 1st Additional District Judge, Betul (M.P.) in Civil Appeal No.14-A/2008 arising out of the judgment and decree dated 21.02.2008 passed by the Additional Civil Judge Class-I, Betul in Civil Suit No.75A/2007 by which a decree under sections 12(1)(a) and 12(1)(e) Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 4/6/2023 10:17:55 AM

of M.P Accommodation Control Act has been passed. The appellants have lost their case from both courts below.

The contention of the appellant is that the appellant had perfected their title by way of adverse possession and they never accepted their tenancy by attornment and they were never informed about the sale of the property in favour of the respondent.

However, Laxmi Narayan (DW-2) has admitted in his cross examination that after the property was alienated by Saifudeen to the respondent then he had approached Saifudeen and had requested that if he wanted to sell the property then he should have sold the same to Laxmi Narayan. Thus, it is clear that

Laxmi Narayan was aware of the alienation of the property by Saifudeen to the respondent. At this stage, it is submitted by the counsel for the appellants that since the appellants are residing in the suit house for last several years therefore they may be granted some reasonable time to vacate the same.

The prayer for grant of reasonable time is not opposed by the counsel for the respondent.

Therefore, the appellants are granted time to vacate the premises latest by 04.01.2024. They shall continue to pay the rent regularly by 15th day of every succeeding month. Even a single default in payment of rent shall make the respondent entitle to execute the decree.

It is made clear that if the appellants do not vacate the premises by 04.01.2014, then the appellants apart from any other liability shall also be liable for contempt of this Court.

Accordingly, by affirming the judgment and decree dated 10.02.2015 passed by 1st Additional District Judge, Betul (M.P.) in Civil Appeal No.14- A/2008 and the judgment and decree dated 21.02.2008 passed by the Additional Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 4/6/2023 10:17:55 AM

Civil Judge Class-I, Betul in Civil Suit No.75A/2007, the appellants are granted time to vacate the suit premises by 04.01.2024 subject to payment of rent by 15th day of every succeeding month. The appeal is finally disposed off.

(G.S. AHLUWALIA) JUDGE tarun

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 4/6/2023 10:17:55 AM