Parsadi vs Smt. Satya Bai
2023 Latest Caselaw 22096 MP

Madhya Pradesh High Court

Parsadi vs Smt. Satya Bai on 21 December, 2023

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                             SA No. 490 of 2021
                                                   (PARSADI AND OTHERS Vs SMT. SATYA BAI)

                            Dated : 21-12-2023
                                  Shri Anil Vishwakarma, Advocate on behalf of Shri Premendra Sen,

                            Advocate for appellant.
                                  Shri Pramod Sahu, Advocate for respondent.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing on the following

substantial questions of law:-

"1. Whether learned Courts below have committed illegality in passing the judgment & decree of eviction without recording specific finding about relationship of landlord and tenant in between the plaintiff and defendant?

2. Whether learned Courts below were justified in passing decree of eviction on the ground of ownership of plaintiff just contrary to t h e law laid down by Supreme Court in the case of Tribhuvanshankar vs. Amrutlal (2014) 2 SCC 788 ?"

Also heard on I.A. No. 2726/2021.

Issue notice of final hearing and I.A. No. 2726/2021 to the respondent on

payment of process fee within seven working days, failing which, this appeal shall stand dismissed without further reference to the Court.

Shri Pramod Sahu, Advocate accepts notice of final hearing on behalf of respondent and prays for time to argue the matter on I.A. No. 2726/2021.

If appeal survives, list for further consideration in the 3rd week of January, 2024.

If appeal survives, list for further consideration of I.A. No.2726/2021 after service of notice on the respondent.

(DWARKA DHISH BANSAL) JUDGE KPS