Madhya Pradesh High Court
Deepak Arya vs Shree Digamber Jain Panchayat ... on 12 April, 2023
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 12 th OF APRIL, 2023
SECOND APPEAL No. 317 of 2020
BETWEEN:-
DEEPAK ARYA S/O LATE NANDLAL ARYA, AGED ABOUT
47 YEARS, OCCUPATION: PHOTOGRAPHY KUMAR
PHOTOGRAPHER ROSHANPURA NAKA BHOPAL
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI SIDDHARTH GULATEE -ADVOCATE)
AND
1. SHREE DIGAMBER JAIN PANCHAYAT
COMMITTEE TRUST THROUH PRESIDENT AJAY
KUMAR JAIN S/O LATE SHANTILAL JAIN IN
FRONT OF NEHRU PARK, GANGA ASHRAM
SEHORE, REG. ADD. MOOL NAYAK MOORTI SHRI
PARSHAVNATH DIGAMBER JAIN MANDIR
PANDIT GAJHANDHAR JOSHI MARG, (MADHYA
PRADESH)
2. AJAY KUMAR JAIN S/O LATE SHANTILAL JAIN,
AGED ABOUT 49 YEARS, OCCUPATION:
PRESIDENT IN FRONT OF NEHRU PARK GANGA
ASHRAM SEHORE (MADHYA PRADESH)
3. LALIT KUMAR JAIN S/O LATE BABULAL JAIN,
AGED ABOUT 55 YEARS, OCCUPATION: TRUSTEE
CHARKHA LINE CHAWANI SEHORE (MADHYA
PRADESH)
4. DHAN KUMAR KASLIWAL S/O LATE PURANMAL
KASLIWAL, AGED ABOUT 56 YEARS,
OCCUPATION: VICE PRESIDENT CHANDA
ENTREPRISES NEAR CITY POINT NEW BUS STAND
SEHORE (MADHYA PRADESH)
5. PREMILAL JAIN S/O LATE KANHAIYALAL JAIN,
AGED ABOUT 62 YEARS, OCCUPATION: VICE
PRESIDENT IN FRONT OF JAIN MANDIR VILLAGE
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/13/2023
6:14:47 PM
2
SEHORE (MADHYA PRADESH)
6. SUNIL KUMAR JAIN S/O SHRIPAL JAIN SARAF,
AGED ABOUT 50 YEARS, OCCUPATION: VICE
PRESIDENT BADA BAZAR SEHORE (MADHYA
PRADESH)
7. DEVCHAND JAIN S/O LATE BODARMAL JAIN,
AGED ABOUT 56 YEARS, OCCUPATION: MAHA
MANTRI SUGAR FACTOY CHAURAHA MOTI BABA
ROAD SEHORE (MADHYA PRADESH)
8. PRAKASH JAIN S/O LATE MANULAL JAIN, AGED
ABOUT 58 YEARS, OCCUPATION: KOSHA
ADHYAKSH GUDRI NAMAK CHAURAHA SHORE
(MADHYA PRADESH)
9. LALIT KUMAR JAIN S/O GOPAL JAIN, AGED
ABOUT 50 YEARS, OCCUPATION: MANTRI
KIRANAWALE BADA BAZAR CHAVANI (MADHYA
PRADESH)
10. MAHIPAL JAIN S/O LATE SEJMAL JAIN, AGED
ABOUT 45 YEARS, OCCUPATION: MANTRI NEAR
TILAK PARK VILLAGE SEHORE (MADHYA
PRADESH)
11. SHEEL KUMAR JAIN S/O LATE DAMODAR
KUMAR JAIN, AGED ABOUT 53 YEARS,
OCCUPATION: MANTRI VARDHAMAN
ELECTRICALS BADA BAZAAR CHAVANI
(MADHYA PRADESH)
12. PAWAN KUMAR JAIN S/O MISHRILAL JAIN, AGED
ABOUT 42 YEARS, OCCUPATION: MANTRI 445
GULZARI KA BAGICHA GANGA ASHRAM
(MADHYA PRADESH)
13. NEERAJ JAIN S/O LATE SAWAIMAL JAIN, AGED
ABOUT 42 YEARS, OCCUPATION: MANTRI R/O
NALANDA PUSTAK SADAN KOTWALI CHOURAHA
(MADHYA PRADESH)
14. SUNIL KUMAR JAIN S/O SHRIMAL JAIN, AGED
ABOUT 42 YEARS, OCCUPATION: SEH KOSHA
ADHYAKSH SUGAR FACTORY CHAURAHA
KISHAN COLONY (MADHYA PRADESH)
15. SHRIPAL JAIN S/O LATE SEJAMAL JAIN, AGED
ABOUT 62 YEARS, OCCUPATION: SEH KOSHA
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/13/2023
6:14:47 PM
3
ADHYAKSH TILAK PARK KE PASS VILLAGE
SEHORE (MADHYA PRADESH)
16. JAINPAL JAIN S/O LATE RAMLAL JAIN, AGED
ABOUT 58 YEARS, OCCUPATION: SEH KOSHA
ADHYAKSH JAIN MANDIR KE PASS BRAHMAPURI
(MADHYA PRADESH)
17. DR. PANKAJ JAIN S/O LATE PANDIT SAGARMAL
JAIN, AGED ABOUT 47 YEARS, OCCUPATION:
ANTH ANKEKSHAK KARYAKARINI THROUNGH
MAHILA POLYTECHNIC BHOPAL NAKA SEHORE
(MADHYA PRADESH)
18. ASHOK KUMAR JAIN S/O LABHMAL JAIN, AGED
ABOUT 55 YEARS, OCCUPATION: KARYAKINIJAIN
HARDWARE PAN CJAURAHA KE PASS CHAWANI
SEHORE (MADHYA PRADESH)
19. PRAVEEN SHASTRI S/O LATE PREMCHANDRA
SHASTRI, AGED ABOUT 48 YEARS, OCCUPATION:
KARYAKINIJAIN JAYANTI COLONY NEW BUS
STAND SEHORE (MADHYA PRADESH)
20. VIMAL KUMAR JAIN S/O LATE KAMAL KUMAR
JAIN, AGED ABOUT 55 YEARS, OCCUPATION:
KARYAKINIJAIN CHARKHA LINE JAIN MANDIR
KE PASS CHAVANI (MADHYA PRADESH)
21. VIMAL KUMAR JAIN S/O LATE SAVAIMAL JAIN,
AGED ABOUT 53 YEARS, OCCUPATION:
KARYAKINIJAIN MODI SHISHU MANDIR KE PASS
BAGHIKHANA CHAVANI (MADHYA PRADESH)
22. SUDHIR KUMAR JAIN S/O LATE GANESH PRASAD
JAIN, AGED ABOUT 45 YEARS, OCCUPATION:
KARYAKINIJAIN JAIN ROAD MATAJI KE MANDIR
KE SAMNE PAAN CHAURAHA (MADHYA
PRADESH)
23. KRISHNA KUMAR JAIN S/O LATE MANGILAL
JAIN, AGED ABOUT 45 YEARS, OCCUPATION:
KARYAKINIJAIN KIRANA DUKAAN PAAN
CHAURAHA MAIN ROAD (MADHYA PRADESH)
24. DR. KISHORE KUMAR JAIN S/O LATE DR.
NIRMAL KUMAR JAIN, AGED ABOUT 52 YEARS,
OCCUPATION: KARYAKINIJAIN ZILA
CHIKITSALAY KE SAMNE NAGAR PALIKA
KARYALAYA KE PASS CHAVANI (MADHYA
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/13/2023
6:14:47 PM
4
PRADESH)
25. AMBER JAIN S/O DHANPAL JAIN, AGED ABOUT 44
Y E A R S , OCCUPATION: KARYAKINIJAIN
HANUMAN MANDIR KE SAMNE BADA BAZAAR
(MADHYA PRADESH)
26. PANKAJ KUMAR JAIN (PRAGATI) S/O
PREMCHAND JAIN (TRESARI WALE), AGED
ABOUT 38 YEARS, OCCUPATION: KARYAKINIJAIN
THROUGH PRAGATI GENERAL STORES MODI
MANGLIK KE SAMNE (MADHYA PRADESH)
27. VINOD KUMAR JAIN S/O AMOLAKCHAND JAIN,
AGED ABOUT 53 YEARS, OCCUPATION:
KARYAKINIJAIN SHASTRI COLONY SEHORE
(MADHYA PRADESH)
28. SUMATLAL S/O SHUGANDHLAL JAIN, AGED
ABOUT 58 YEARS, OCCUPATION: KARYAKINIJAIN
PALTAN AREA NEW BUS STAND (MADHYA
PRADESH)
29. DEEPAK KUMAR JAIN S/O SHANTILAL JAIN,
AGED ABOUT 46 YEARS, OCCUPATION:
KARYAKINIJAIN GANGA ASHRAM SEHORE
(MADHYA PRADESH)
30. D.K JAIN S/O ASHRAFILAL JAIN, AGED ABOUT 56
YEARS, OCCUPATION: KARYAKINIJAIN GULZARI
KA BAGICHA CITY POST OFFICE KE PEECHE
(MADHYA PRADESH)
31. AJAY KUMAR S/O BHAIYALAL JAIN, AGED ABOUT
40 YEARS, OCCUPATION: KARYAKINIJAIN
KHAJANCHI LINE THROUGH JYOTI BOOL STALL
SEHORE (MADHYA PRADESH)
32. DR. ANIL KUMAR S/O BABULAL JAIN, AGED
ABOUT 53 YEARS, OCCUPATION: KARYAKINIJAIN
PLATAN AREA BUS STAND SEHORE (MADHYA
PRADESH)
.....RESPONDENTS
This appeal coming on for admission this day, th e court passed the
following:
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/13/2023
6:14:47 PM
ORDER
This second appeal has been preferred by appellant/ defendant/tenant
challenging the judgment and decree dated 31.10.2019 passed by 2nd Additional
District Judge, Sehore in Civil Appeal No.27-A/2018 affirming/modifying the
judgment and decree dated 16.05.2018 passed by 1s t Civil Judge Class-II,
Sehore in Civil Suit No.9-A/2018, whereby suit for eviction, arrears of rent and
mesne profit filed under the General Act has been decreed by learned Courts
below.
2. Learned counsel appearing for the appellant submits that learned
Courts below have erred in decreeing the suit for eviction of shop in question,
whereas the suit filed on behalf of the trust was not maintainable and the notice
terminating the tenancy dated 16.09.2013 (Ex.P/2) being illegal, the plaintiff-
Trust is not entitled for decree of eviction. Accordingly learned counsel submits
that the appeal may be admitted.
3. Heard learned counsel for the appellant and perused the record.
4. Upon perusal of record, it is not in dispute that the defendant is tenant
of the plaintiff trust, which being a registered trust, issued notice dated
16.09.2013 (Ex-P/2) terminating the tenancy, which has not been replied by the
defendant. Even in the written statement, the defendant has not challenged the
validity of the notice but has denied to receive the notice.
5. The plaintiff has by adducing evidence proved service of notice on the
defendant and the learned Courts below have while deciding the issue no. 7 held
due service of notice on the defendant.
6. The aforesaid finding recorded by learned Courts below in respect of
service of notice, is pure finding of fact, which in the limited scope of Section
100 CPC is not liable to be interfered with.
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/13/2023
6:14:47 PM
7. At this stage learned counsel for the appellant/tenant submits that
appellant is ready to vacate the suit accommodation and he may be granted
reasonable time for the said purpose.
8. In view of the prayer made on behalf of the appellant for granting time
to vacate the suit shop, in the interest of justice, one year's time for vacating the
suit shop is granted on the following conditions:-
( i ) The appellant/tenant shall vacate the suit shop on or before
31.03.2024.
(ii) The appellant/tenant shall regularly pay rent of Rs.250/- per month
w.e.f. 01.04.2023to the respondent/landlord and shall also clear all the dues, if
any, including the cost of the litigation, if any, imposed by the learned Courts
below.
(iii) The appellant/tenant shall not part with the suit shop to anybody and
shall not change nature of the shop .
(iv) The appellant/tenant shall furnish an undertaking with regard to the
aforesaid conditions within a period of three weeks before the learned executing
Court.
( v ) If the appellant/tenant fails to comply with any of the aforesaid
conditions, the respondent/landlord shall be free to execute the decree of
eviction forthwith.
(vi) If after filing of the undertaking, the appellant/tenant does not vacate
the suit shop on or before 31.03.2024 and creates any obstruction, he shall be
liable to pay mesne profit of Rs.500/- (Rs. Five Hundred) per day, so also
contempt of order of this Court.
9. Declining interference and with the aforesaid observations, this second
appeal is dismissed and disposed off.
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/13/2023
6:14:47 PM
10. Interim application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
SN
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/13/2023
6:14:47 PM
