Radhelal Gupta S/O Sundarlal ... vs Sunil Kumar Jain
2023 Latest Caselaw 9037 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         SA No. 871 of 2022
                           (RADHELAL GUPTA S/O SUNDARLAL GUPTA (DEAD) THROUGH LRS SMT. SHASHI (DEAD) THROUGH
                                          LRS SHIVAM AGRAWAL AND OTHERS Vs SUNIL KUMAR JAIN)

                          Dated : 19-06-2023
                                Shri Balmik Prasad Tiwari - Advocate for the appellants.

                                Shri Akhilesh Kumar Jain - Advocate for the caveator.

                                Heard on the question of admission.
                                The Appeal is admitted on the following substantial questions of law:-

                                           "( i )    Whether the trial court as well as first appellate
                                    court has erred in law in holding that relation of landlord and
                                    tenant is established between the plaintiff and defendant ?
                                           (ii) Whether the trial court has erred in law in rejecting
                                    the application under Section 73 of Evidence Act filed on behalf
                                    of the defendant for comparison of standard/admitted signature
                                    of Rajandra Agrawal (Defendant No.2/Appellant No.4) from the
                                    disputed signature of Rajendra Agrawal as on the alleged rent
                                    receipt ?
                                           (iii)     Whether the trial court erred in law in not taking

                                    in consideration of the statement of Radhelal Gupta (PW-1)
                                    with respect to document Ex.P/21 as mentioned in para 33 of the
                                    impugned judgment of the trial court ?
                                           (i v)    Whether the trial court has failed to appreciate the
                                    settled position of law that the plaintiff has to prove his own
                                    case and he cannot rely on the weakness of the defendant?"


                                Respondents may file reply on I.A.No.3643 of 2022.

List the case in the week commencing 03.07.2023 for argument on Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 6/23/2023 6:26:58 PM

I.A.No.3643 of 2022 .

(AMAR NATH (KESHARWANI)) JUDGE

sm

Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 6/23/2023 6:26:58 PM