M/S Jeeva Khan Musabhai Kanchwale ... vs Abdul Rasul
2023 Latest Caselaw 6777 MP

                                                              1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      SA No. 2373 of 2019
                           (M/S JEEVA KHAN MUSABHAI KANCHWALE PARTNERSHIP FIRM AND OTHERS Vs ABDUL RASUL)

                         Dated : 26-04-2023
                               Shri Moeed Ali Bohra, learned counsel for the appellants.

                               Shri Rasheed Uddin, learned counsel for the Respondent [R-1].

Heard on the question of admission and interim relief. Appeal is admitted on the following substantial questions of law:-

(i) Whether the appellate Court has erred in law granting the decree under

Section 12 (1) (c) without there being any specific denial of title when defendants have agreed to pay Rs. 251 per month to the plaintiff?

(ii) Whether appellate court has erred in reversing the judgment and decree passed by Civil Court whereby suit was dismissed on all grounds.

(2) Learned counsel for the respondent/plaintiff submits that this accommodation is situated in commercial area and appellant doing commercial activity in it. They are paying only Rs. 251 since 1994 whereas nearby properties are having much higher rental value.

(3) Keeping in view of the above facts, the execution of eviction part of

judgment and decree shall remain stayed subject to compliance of money part as well as from today the appellant shall pay Rs. 3000/- per month as rent to the plaintiff/respondent regularly during pendency of this appeal.

I.A. No.6481/2019 is finally disposed of. Certified copy as per rules.

List for final hearing in due course.

(VIVEK RUSIA) Signature Not Verified Signed by: PRAVEEN Signing time: 28-04-

2023 10:03:39

JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 28-04-

2023 10:03:39