Billa Alias Shabbir vs Devendranath
2023 Latest Caselaw 1424 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR SA No. 1845 of 2022 (BILLA ALIAS SHABBIR AND OTHERS Vs DEVENDRANATH AND OTHERS)

Dated : 24-01-2023 Heard through Video Conferencing.

Shri Imtiyaz Husain - Senior Advocate with Shri Sajid Khan - Advocate for appellants.

Shri Aditya Khare - Advocate for the caveator.

Heard on admission.

Appeal is admitted for final hearing on the following substantial questions of law:-

(i) Whether the lower appellate Court legally erred in holding that the suit filed by the Plaintiffs did not suffer from the vice of res judicata in view of the previous litigation terminated vide judgment and decree Ex.D/3 in which it was held that it was not proved that the Appellants/Defendants were sub-tenants in the suit accommodation without the consent of the Plaintiffs and in this view of the matter whether the lower appellate Court was legally justified in passing a decree under Section 12(1)(b) of the MP Accommodation Control Act?

(ii) Whether the lower appellate Court ought to have held that since the relationship of landlord and tenant has not been established between the Defendant/Appellants and the Plaintiffs, a decree under Section 12(1)(c) of the MP Accommodation Control Act could not legally be passed ? and

(iii) Whether the lower appellate Court legally erred in not at all keeping into consideration the documents placed on record on the part of the Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/25/2023 11:24:13 AM

Defendants/Appellants, especially Ex D-10, the order of this Hon'ble Court passed on 27.07.2005?

Learned counsel for the caveator prays for and is granted two weeks time to file reply of I.A. No.9170/2022.

In the meanwhile, the parties are directed to maintain the status-quo till the next date of listing.

List after two weeks.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/25/2023 11:24:13 AM