Madhya Pradesh High Court
Smt Pushpa Rathore vs Shri Digamber Jain Panchayat ... on 17 February, 2023
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 17 th OF FEBRUARY, 2023
SECOND APPEAL No. 100 of 2020
BETWEEN:-
1. SMT PUSHPA RATHORE W/O LATE GENDALAL
RATHORE, AGED ABOUT 58 YEARS, OCCUPATION:
BUSINESS
2. ATUL RATHORE S/O LATE GENDALAL RATHORE,
AGED ABOUT 38 YEARS, OCCUPATION: BUSINESS
BOTH R/O INFRONT OF SBI MAIN ROAD AND
SHOP AT MILAN TRADERS, DIGAMBER JAIN
DHARAMSALA, LEESA TALKIES SQUARE, TAHSIL
AND DISTRICT SEHORE (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI SHARAD GUPTA, ADVOCATE)
AND
1. SHRI DIGAMBER JAIN PANCHAYAT COMMITTEE
TRUST SEHORE, REGISTERED UNDER THE MP
PUBLIC TRUST ACT THR PRESIDENT AJAY
KUMAR JAIN S/O LATE SHANTILAL JAIN AGE 51
YEAR REGISTERED ADDRESS MOOL NAYAK
MOORTI SHRI PARSAVNATH DIGAMBAR JAIN
MANDIR PT GAJADHAR JOSHI MARG CHARKHA
LINE SEHORE R/O IN FRONT OF NEHRU PARK
GANGA ASHRAM SEHORE (MADHYA PRADESH)
2. LALIT KUMAR JAINI S/O LATE BABULAL JAIN,
AGED ABOUT 58 YEARS, CHARKHA LINE CHAWNI
SEHORE (MADHYA PRADESH)
3. DHANKUMAR KASLIWAL S/O LATE POORANMAL
KASLIWAL, AGED ABOUT 59 YEARS, CHANDA
ENTERPRISES NEAR CITY POINT NEW BUS STANT
(MADHYA PRADESH)
4. PREMILAL JAIN S/O LATE KANHAIYLAL JAIN,
AGED ABOUT 65 YEARS, INFRONT OF JAIN
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 2/20/2023
6:24:50 PM
2
MANDIR KASWA (MADHYA PRADESH)
5. SUNIL KUMAR JAIN S/O SHRI PAL JAIN SAAF,
AGED ABOUT 53 YEARS, BADA BAZAR SEHORE
(MADHYA PRADESH)
6. DEVCHAND JAIN S/O LATE BODARMAL JAIN,
AGED ABOUT 59 YEARS, SUGAR FACTORY
CHOURAHA MOTI BABA ROAD (MADHYA
PRADESH)
7. PRAKASH JAIN S/O LATE MANNULAL JAIN, AGED
ABOUT 61 YEARS, R/O GUDRI NAMAK
CHOURAHA, (MADHYA PRADESH)
8. LALIT KUMAR JAIN S/O LATE GOPAL JAIN, AGED
ABOUT 53 YEARS, KIRANA WALE BADA BAZAR
CHHAWANI (MADHYA PRADESH)
9. MAHIPAL JAIN S/O LATE SEJMAL JAIN, AGED
ABOUT 48 YEARS, NEAR TILAK PARK KASBA
(MADHYA PRADESH)
10. SHEEL KUMAR JAIN S/O LATE DAMODAR
KUMAR JAIN, AGED ABOUT 56 YEARS, R/O
VARDHMAN ELECTRICALS BADA BAZAR,
CHHAWNI SEHORE (MADHYA PRADESH)
11. PAWAN KUMAR JAIN S/O MISHRILAL JAIN, AGED
ABOUT 45 YEARS, 445 GULJARI KA BAGICHA
GANGRA ASHRAM (MADHYA PRADESH)
12. NEERAJ JAIN S/O LATE SAWAIMAL JAIN, AGED
ABOUT 45 YEARS, R/O NALANDA PUSTAK SADAN
KOTWALI CHOURAHA (MADHYA PRADESH)
13. SUNIL KUMAR JAIN S/O SHRIMAL JAIN, AGED
ABOUT 45 YEARS, SUGAR FACTORY CHOURAHA
KISHAN COLONY (MADHYA PRADESH)
14. SHRIPAL JAIN S/O LATE SEJMAL JAIN, AGED
ABOUT 65 YEARS, NEAR TILAK PARK KASWA
SEHORE (MADHYA PRADESH)
15. JAINPAL JAIN S/O LATE RAMLAL JAIN, AGED
ABOUT 61 YEARS, NEAR JAIN MANDIR
BRAMHPURI SEHORE (MADHYA PRADESH)
16. DR.PANKAJ JAIN S/O LATE SAGARMAL JAIN,
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 2/20/2023
6:24:50 PM
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AGED ABOUT 50 YEARS, R/O MAHILA
POLYTECHNIC BHOPAL NAKA (MADHYA
PRADESH)
17. ASHOK KUMAR JAIN S/O LATE LABHMAL JAIN
PAGLI WALE, AGED ABOUT 58 YEARS, JAIN
HARDWARE NEAR PAAN CHOURAHA CHHAWNI
(MADHYA PRADESH)
18. PRAVEEN SHASHTRI S/O LATE PREMCHAND
SHASHTRI, AGED ABOUT 51 YEARS, JAYANTI
COLONY NEW BUS STAND SEHORE (MADHYA
PRADESH)
19. VIMAL KUMAR JAIN S/O LATE KAMAL KUMAR
JAIN, AGED ABOUT 58 YEARS, NEAR
CHARKHALINE JAIN MANDIR CHHAWANI
(MADHYA PRADESH)
20. VIMAL KUMAR JAIN S/O LATE SAWAIMAL JAIN,
AGED ABOUT 56 YEARS, R/O NEAR MODI SISHU
MANDIR BAGGIKHANA CHHAWANI (MADHYA
PRADESH)
21. SUDHIR KUMAR JAIN S/O GANESH PRASAD JAIN,
AGED ABOUT 48 YEARS, JAIN ROAD NEAR MATA
JAI MANDIR PAAN CHOURAHA (MADHYA
PRADESH)
22. KRISHNA KUMAR JAIN S/O LATE MANGILAL
JAIN, AGED ABOUT 48 YEARS, KIRANA DUKAN
PAAN CHOURAHA MAIN ROAD (MADHYA
PRADESH)
23. DR.KRISHNA KUMAR JAIN S/O LATE NIRMAL
KUMAR JAIN, AGED ABOUT 55 YEARS, INFRONT
OF DISTRICT HOSPITAL NEAR NAGAR PALIKA
OFFICE CHHAWANI (MADHYA PRADESH)
24. AMBER JAIN S/O DHANPAL JAIN, AGED ABOUT 47
YEARS, INFRONT OF HANUMAN MANDIR BADA
BAZAR SEHORE (MADHYA PRADESH)
25. PANKAJ KUMAR JAIN(PRAGATI) S/O
PREMCHAND JAIN, AGED ABOUT 41 YEARS, R/O
PRAGATI GENERAL STORES, INFRONT OF MODI
MANGALIK BHAWAN, (MADHYA PRADESH)
26. VINOD KUMAR JAIN S/O AMOLAK CHANDRA
JAIN, AGED ABOUT 56 YEARS, SHASHTRI COLONY
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 2/20/2023
6:24:50 PM
4
SEHORE (MADHYA PRADESH)
27. SUMATLAL JAIN S/O LATE SUGANDHLAL JAIN,
AGED ABOUT 61 YEARS, R/O. PALTAN AREA NEW
BUS STAND ROAD SEHORE (MADHYA PRADESH)
28. DEEPAK KUMAR JAIN S/O LATE SHANTILAL JAIN,
AGED ABOUT 49 YEARS, GANGA ASHRAM
DISTT.SEHORE (MADHYA PRADESH)
29. D.K.JAIN S/O LATE ASHRAFI LAL JAIN, AGED
ABOUT 59 YEARS, R/O GULJARILAL KA BAGICHA,
BEHIND CITY POST OFFICE (MADHYA PRADESH)
30. AJAY KUMAR JAIN S/O BHAIYALAL JAIN, AGED
ABOUT 59 YEARS, KHAJANCHI LINE THROUGH
JYOTI BOOK STALL SEHORE (MADHYA PRADESH)
31. DR.ANIL KUMAR JAIN S/O BABULAL JAIN, AGED
ABOUT 56 YEARS, PALTAN AREA BUS STAND
SEHORE (MADHYA PRADESH)
.....RESPONDENTS
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This second appeal has been preferred by defendants/appellants/tenants
challenging the judgment and decree dated 31/10/2019 passed by 2nd
Additional District Judge, Sehore in C.A. No.33-A/2019, affirming the judgment
and decree dated 04/05/2019 passed by 3rd Additional Judge to the Court of
1st Civil Judge Class-I, Sehore in C.S. No.1000060/2015, whereby suit for
eviction under the General Act has been decreed.
2. Learned counsel for the appellants/defendants submits that the notice under
Section 106 of the Transfer of Property Act dated 15/09/2012 (Ex.P/2) was not
issued by the authorized person and even he was not trustee of the plaintiff
Trust. However, learned counsel for the appellants failed to point out any
pleadings in the written statement challenging validity of the notice.
3 . Learned Courts below after having considered entire materiel available on
record including the notice (Ex.P/2), have come to conclusion that the
defendants are tenants in the suit shop on monthly rent and their tenancy was
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 2/20/2023
6:24:50 PM
terminated by issuing notice (Ex.P/2), resultantly decreed the suit for eviction.
4 . After perusal of entire record, there does not appear any illegality or
perversity in the impugned judgment and decree and this second appeal does
not involve any substantial question of law.
5. At this stage, learned counsel for the appellants prays that he may be granted
one year time to vacate the tenanted premises/suit shop.
6. In view of the prayer made on behalf of the appellants for granting time to
vacate the tenanted premises/shop, in the interest of justice and looking to the
period and nature of tenancy, about one year time for vacating the tenanted
premises is granted on the following conditions:-
(i) The appellants/defendants shall vacate the suit shop on or before
28.02.2024.
(ii) The appellants/defendants shall regularly pay rent to the
respondents/landlord and shall also clear all the dues, if any, including the
costs of the litigation, if any, imposed by the learned Courts below.
(iii) The appellants/defendants shall not part with the suit shop to
anybody and shall not change nature of the suit shop.
(iv) The appellants/defendants shall furnish an undertaking with
regard to the aforesaid conditions within a period of three weeks before the
learned Court below/Executing Court.
(v) If the appellants/defendants fail to comply with any of the aforesaid
conditions, the respondents/plaintiffs shall be free to execute the decree
forthwith.
(vi) If after filing of the undertaking, the appellants/defendants do not
vacate the suit shop on or before 28.02.2024 and create any obstruction, they
shall be liable to pay mesne profits of Rs.500/- per day, so also contempt of
order of this Court.
7. With the aforesaid observation, this second appeal is hereby dismissed and
disposed off. No order as to costs.
8. Interim application(s), if any, shall stand dismissed.
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 2/20/2023
6:24:50 PM
(DWARKA DHISH BANSAL)
JUDGE
RS
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 2/20/2023
6:24:50 PM
