Rewashankar vs Noor Mohommad Alias Noora
2023 Latest Caselaw 6950 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                     SA No. 148 of 2023
                                                     (REWASHANKAR Vs NOOR MOHOMMAD ALIAS NOORA AND OTHERS)

                                     Dated : 28-04-2023
                                               Shri Satyam Agrawal - Advocate for the appellant.

                                               Heard on the question of admission.
                                               Record of the trial Court perused.
                                               Appeal seems to be arguable, therefore, admitted for final hearing on the
                                     following substantial question of law:-

                                               ''A. Whether the appellate Court below is right in law in holding
                                               that the judgment and decree passed by the trial court in
                                               wrongly only because of the fact that order passed by the lower
                                               Court under Section 16(6) was passed without fixing provisional
                                               rent where as there is admitted rent amount is available on
                                               record by way of rent agreement?''
                                               B. Whether learned first appellate court is right in law in setting
                                               aside the judgment and decree of eviction under Section 12(1)(a)
                                               of Act passed by the Lower Court only on the ground that
                                               provisional rent was fixed under Section 13 of M.P. AC Act?''
                                               Issue notice alongwith the copy of this order, to the respondents, on

payment of P.F. within 07 working days by ordinary as well as R.A.D. mode.

Notice be made returnable in eight weeks.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.05.02 14:25:21 IST