Mohammad Tahir vs Shri Naeem Ahmed Patti Wale
2023 Latest Caselaw 13035 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 10 th OF AUGUST, 2023
                                              MISC. PETITION No. 3070 of 2023

                          BETWEEN:-
                          MOHAMMAD TAHIR S/O LATE SHRI MOHAMMAD
                          BASHIR, AGED ABOUT 68 YEARS, OCCUPATION:
                          MEDICAL STORE R/O HOUSE NO. 462, NORTH
                          MOTINALA SIRSATALE SHAHEED ASHFAQULLA WARD
                          DISTT. JABALPUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI SAJIDULLAH KHAN - ADVOCATE )

                          AND
                          SHRI NAEEM AHMED PATTI WALE S/O SHRI SIKANDAR
                          PATTIWALE, AGED ABOUT 52 YEARS, OCCUPATION:
                          FURNITURE BUSINESS R/O 1286 PASIANA MOHALLA
                          BESIDE SHRI SALIM KHAN ADVOCATE LAL BAHADUR
                          SHASTRI WARD JABALPUR (MADHYA PRADESH)

                                                                                          .....RESPONDENT


                                This petition coming on for admission this day, th e court passed the

                          following:
                                                               ORDER

This misc. petition has been preferred by the petitioner/plaintiff/landlord challenging the order dated 08.05.2023 passed by Second Civil Judge Junior Division, Jabalpur in civil suit No.687A/2022 whereby, learned Court below has dismissed the petitioner/plaintiff's application dated 30.11.2022 under Section 13(6) of the M.P Accommodation Control Act, 1961 (in short "the Act") on the ground that defendant/respondent/tenant is denying relationship of landlord and tenant, therefore, the provision of Section 13(6) of the Act is not applicable. Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/11/2023 9:59:06 AM

2. Learned counsel for the petitioner/plaintiff submits that learned Court below has, without following the settled legal position in the case of Shambhu Narain Trivedi & another Vs. Kishanlal Agarwal & others 1968 JLJ 734 (DB), Rajkumari (Smt.) Vs. Smt. Susheela Devi 1994 (2) MPWN 31 and in the case of Damodar Mandhale Vs. Brahma Kumar Khandelwal & Ors. vide order dated 17.08.2021 passed in M.P.No.1656/2020 (Indore Bench), dismissed the application, whereas even if the defendant/tenant is denying relationship of landlord and tenant, he is bound to comply the provision contained in Section 13(1) of the Act. With the aforesaid submission, learned counsel prays for allowing the misc. petition.

3. Heard learned counsel for the petitioner/plaintiff and perused the impugned order as well as the record available.

4. From perusal of the impugned order, it is clear that the learned Court below has dismissed the application under Section 13(6) of the Act only on the ground that the defendant/tenant is denying himself to be tenant of the plaintiff/landlord, therefore, provision of Section 13(6) of the Act is not applicable.

5. In my considered opinion, the view taken by learned Court below is contrary to the aforesaid law laid down in the cases of Shambhu Narain Trivedi & another; Rajkumari (Smt.) and Damodar Mandhale (supra). As such, the matter deserves to be and is hereby remanded to learned trial Court for decision of the application under Section 13(6) of the Act afresh, without being influenced by the impugned order dated 08.05.2023.

6. It is made clear that this Court has not expressed any opinion on merits and demerits of the case and the learned trial Court is free to decide the

Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/11/2023 9:59:06 AM

application on the basis of material available on record in the light of aforesaid judgments in the cases of Shambhu Narain Trivedi & another; Rajkumari (Smt.) and Damodar Mandhale (supra).

7. With the aforesaid observation, this misc. petition is disposed off.

8. Interim application, if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE anu

Signature Not Verified Signed by: ANUPRIYA SHARMA CHOUBEY Signing time: 8/11/2023 9:59:06 AM