Janab Abdul Majid vs Smt. Shamsun Bi (D) Th. Her Lrs. Idrish
2023 Latest Caselaw 20660 MP

Madhya Pradesh High Court

Janab Abdul Majid vs Smt. Shamsun Bi (D) Th. Her Lrs. Idrish on 6 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                         1
                             IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                            ON THE 6 th OF DECEMBER, 2023
                                            SECOND APPEAL No. 240 of 2012

                            BETWEEN:-
                            JANAB ABDUL MAJID (DEAD) THROUGH LRS
                            (I) MOHAMMAD DANISH AGED ABOUT 37 YEARS S/O
                            LATE JANAB ABDUL MAJID.
                            (II) SMT. RESHMA BE, AGED ABOUT 45 YEARS, W/O
                            SAMSAD BEG R/O KACHHERI MOHALLA, MANDLA,
                            M.P.
                            (III) RAZDA BE AGED ABOUT 28 YEARS D/O LATE JANAB
                            ABDUL MAJID
                            (IV) MOHAMMAD BABLA, AGED ABOUT 21 YEARS S/O
                            LATE JANAB ABDUL MAJID
                            (V) SAMA BE, AGED ABOUT 21 YEARS D/O LATE JANAB
                            ABDUL MAJID
                            APPLICANT NO.1,3TO 5 R/O NEAR MASJID, BIHARIJI
                            WARD, KHURAI, DISTT. SAGAR M.P.

                                                                                .....APPELLANTS
                            (BY SHRI RAVI RANJAN WITH SHRI SUSHANT RANJAN, ADVOCATES)

                            AND
                            1.    SMT. SHAMSUN BI (D) TH. HER LRS. IDRISH
                                  OCCUPATION: SHOP KEEPER KHURAI DISTT.
                                  SAGAR (MADHYA PRADESH)

                            2.    IDRISH S/O LATE DR. YASIN MOHAMMAD, AGED
                                  ABOUT 40 YEARS, OCCUPATION: SHOPKEEPAR
                                  KHURAI, DISTT. SAGAR (MADHYA PRADESH)

                            3.    INTYAZ S/O LATE DR. YASIN MOHAMMAD, AGED
                                  ABOUT     38   YEARS, OCCUPATION: DOCTOR
                                  KHURAI, DISTT. SAGAR (MADHYA PRADESH)

                            4.    RIYAZ S/O LATE DR. YASIN MOHAMMAD, AGED
                                  ABOUT 34 YEARS, OCCUPATION: SHOP KEEPER
                                  KHURAI, DISTT. SAGAR (MADHYA PRADESH)

                            5.    SIRAZ S/O LATE DR. YASIN MOHAMMAD, AGED
                                  ABOUT 30 YEARS, OCCUPATION: SHOPKEEPAR
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 12/7/2023
6:19:04 PM
                                                           2
                                   KHURAI, DISTT. SAGAR (MADHYA PRADESH)

                            6.     SAHEEN W/O ABDUL RASID, AGED ABOUT 32
                                   YEAR S , OCCUPATION: HOUSE WIFE KHURAI,
                                   DISTT. SAGAR (MADHYA PRADESH)

                            7.     SHABEENA W/O TALAT MOHAMMAD, AGED
                                   ABOUT 28 YEARS, OCCUPATION: HOUSE WIFE
                                   KHURAI, DISTT. SAGAR (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                            (BY SHRI AJAY KUMAR JAIN, ADVOCATE FOR RESPONDENT 2)

                                   This appeal coming on for final hearing this day, the court passed the
                            following:
                                                                 ORDER

This second appeal has been preferred by the

appellants/defendants/tenants challenging the judgment & decree dtd.24.01.2012 passed by 1st Addl. District Judge, Khurai, District Sagar in Civil Appeal No.4A/11 affirming the judgment & decree dtd. 20.12.2010 passed by 1st Civil Judge Class-I, Khurai, District Sagar in Civil Suit No.82A/2006 whereby respondents/plaintiffs' suit for eviction filed on several grounds available under Section 12(1) of the M.P. Accommodation Control Act, 1961 (in short "the Act"), has been decreed on the grounds under Section 12(1)(e) and (h) of the Act.

2. At the outset, learned counsel for the appellants/defendants/tenants submits that day before yesterday i.e. on 04.12.2023 another person namely Tufel Rayen, who is claiming himself to be owner of the suit property, has dispossessed the appellants/defendants forcibly, therefore, he wants to withdraw this second appeal with liberty to file appropriate suit seeking relief of restoration of possession against the said person.

3. Prayer being reasonable is accepted and declining interference in the

judgment & decree passed by learned Courts below, this second appeal is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.

4. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE KPS