Yogesh vs Mohammad Husain
2023 Latest Caselaw 6497 MP

                                                         1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                              ON THE 21 st OF APRIL, 2023
                                           SECOND APPEAL No. 2478 of 2022

                          BETWEEN:-
                          YOGESH S/O BHAGATRAM BADLANI, AGED ABOUT 46
                          YEARS, OCCUPATION: BUSINESS R/O H.NO 279A YOJNA
                          KARMANK 17      SHIKSHAK COLONY NEEMUCH
                          (MADHYA PRADESH)

                                                                                    .....APPELLANT
                          (BY SHRI PANDE KASHI PRASAD - ADVOCATE)

                          AND
                          1.    MOHAMMAD HUSAIN S/O FAJAL HUSAIN, AGED
                                ABOUT 68 YEARS, R/O H.NO. 279A, SHIKSHAK
                                COLONY UTTARI BAGH YOJNA KRAMANK 17
                                PRATHAM   MANZIL    NEEMUCH     (MADHYA
                                PRADESH)

                          2.    ALI ASAGAR KAPADIYA S/O MOHD. HUSSAIN,
                                AGED ABOUT 48 YEARS, OCCUPATION: AUTO
                                PARTS B.N. 20 B 04 HANI MANJIL DISTRICT
                                NEEMUCH. (MADHYA PRADESH)

                          3.    HUJEFA KAPADIYA S/O MOHD. HUSSAIN, AGED
                                ABOUT 46 YEARS, B.N. 20 B 04 HANI MANJIL
                                DISTRICT NEEMUCH. (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                          (NONE FOR THE RESPONDENTS)

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

This appeal under Section 100 of the CPC has been preferred by the unsuccessful tenant/defendant being aggrieved by the judgment and decree

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Apr-23 6:16:57 PM

dated 14.10.2022 passed in Regular Civil Appeal No.01/2022 by the District Judge, Neemuch affirming the judgment and decree dated 04.12.2021 passed in RCS No.62-A/16 by the Third Civil Judge, Senior Division, Neemuch.

There are concurrent findings against the defendant directing for his eviction from the suit premises and for payment of arrears of rent.

Under such circumstances, learned counsel for the appellant submits that he does not wish to press this appeal on merits and instead prays for grant of one year time to appellant to vacate the suit premises. It is submitted that the entire arrears of rent of the suit premises has already been deposited in the executing Court.

Considering the aforesaid, affirming the judgment and decree passed by the Court below the appeal is disposed off with the following directions:

i ) The appellant shall be entitled to retain possession of the suit premises upto to 30.04.2024 and shall handover possession of the same to the respondents on 01.05.2024.

ii) The appellant shall deposit the entire arrears of rent, if any and costs of the litigation and shall continue to pay the monthly rent by the 15th day of the succeeding month.

iii) The appellant shall furnish undertaking before the executing Court within a period of three weeks that he shall vacate the premises on 30.04.2024 without any let or hindrance.

iv) In case of violation of any of the terms as aforesaid, the impugned decree shall become executable forthwith. "

(PRANAY VERMA) JUDGE Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Apr-23 6:16:57 PM

jyoti

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Apr-23 6:16:57 PM