Babulal Sahu vs Lakhanlal
2023 Latest Caselaw 3046 MP

                                                            1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       SA No. 761 of 2019
                                               (BABULAL SAHU Vs LAKHANLAL AND OTHERS)

                          Dated : 20-02-2023
                                Shri Shailendra Dwivedi - Advocate for the appellant.

                                Shri Avinash Zargar - Advocate for the respondents.

Heard on the question of admission. The appeal is admitted for final hearing on the following substantial questions of law:-

"1. Whether learned first appellate Court has erred in reversing the judgment and decree passed by learned trial Court just contrary to the law settled by the Apex Court in the case of Santosh Hazari Vs. Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?

2. Whether in absence of proof of relationship of landlord and tenant, learned first appellate Court has erred in passing the decree of eviction on the ground available under Section 12(1) of the M.P. Accommodation Control Act, 1961 ?

3 . Whether in absence of proof of payment of monthly rent by the

alleged tenant to the landlord/respondents, there can be any relationship of landlord and tenant between the parties ?"

Learned counsel appearing for the respondents accepts notice of final hearing on behalf of the respondent 1-2.

Learned counsel for the appellant is directed to supply copy of memo of appeal and other annexures to learned counsel for the respondents 1-2.

Also heard on I.A. No.3338/2019, which is an application under Order 41 rule 5 CPC.

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 2/23/2023 11:44:56 AM

Learned counsel for the respondents prays for and is granted two weeks time to file reply of the aforesaid I.A.

In the meantime, execution of decree of eviction subject to compliance of money part of the decree, shall remain stayed.

List for further consideration immediately after filing of the reply by the respondent 1.

(DWARKA DHISH BANSAL) JUDGE

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Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 2/23/2023 11:44:56 AM