Jeevanlal vs Kailash Bisen
2023 Latest Caselaw 21955 MP

Madhya Pradesh High Court

Jeevanlal vs Kailash Bisen on 20 December, 2023

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                        HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                             ON THE 20 th OF DECEMBER, 2023
                                              SECOND APPEAL No. 1805 of 2023

                           BETWEEN:-
                           JEEVANLAL S/O MANGILAL, AGED ABOUT 62 YEARS,
                           OCCUPATION:   DHOBI   ARYA   SAMAJ    MARG,
                           BAHADURGANJ UJJAIN TEHSIL AND DISTRICT UJJAIN
                           (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (SHRI HARISH KUMAR SHARMA, LEARNED COUNSEL FOR APPELLANT).

                           AND
                           KAILASH BISEN S/O CHANDRASINGH BISEN, AGED
                           ABOUT 55 YEARS, OCCUPATION: ADVOCATE 105 ARYA
                           SAMAJ MARG BAHADURGANJ UJJAIN TEHSIL AND
                           DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (SHRI MURARI LAL PATHAK, LEARNED COUNSEL FOR THE
                           RESPONDENT NO.1).

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

This second appeal is filed against the judgment and decree of eviction dated 24.02.2023 on the grounds of Section 12(1)(f) of M.P Accomodation Control Act, 1961 in Civil Suit No.RCS-A/110/2017 by Third Civil Judge, Junior Division, Ujjain and affirmed by Seventh District Judge, Ujjain in RCA/22/2023 on 24.06.2023.

Heard both the parties and perused the record. Counsel for both the parties agree and accordingly, this second appeal is

disposed of with the direction that accommodation of shop situated at ground floor of House No.103, Arya Samaj Marg, Bahadurganj, Ujjain, will be vacated within six months from today and the vacant possession will be handed over by appellant/defendant to respondent/plaintiff.

In case of default in handing over the possession of the suit accommodation by the appellant/defendant to the respondent/plaintiff, the decree of the trial Court will be executed immediately.

With the aforesaid, this second appeal is disposed of.

(GAJENDRA SINGH) JUDGE akanksha