Madhya Pradesh High Court
Anantram Thaker vs Ravikant on 22 June, 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 22 nd OF JUNE, 2023
CIVIL REVISION No. 421 of 2019
BETWEEN:-
ANANTRAM THAKER S/O UMASHANKAR THAKER,
AGED ABOUT 82 YEARS, OCCUPATION: RETIRED GOVT.
EMPLOYEE R/O NAYA BAZAAR NO. 2 DAMOH M. P.
PRESENTLY RESIDING AT ANMOL APARTMENT NEAR
ANGARH MAHAVEER MANDIR GORAKHPUR
JABALPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DEVDATT BHAVE, ADVOCATE)
AND
1. RAVIKANT S/O MANAKLAL RAIKWAR
OCCUPATION: AGRICULTURIST R/O WARD NO. 2
NEAR WATER TANK THAKER JI KI BAKHRI
BILWARI MOHALLA DAMOH (MADHYA
PRADESH)
2. ANOOPKANT S/O MANAKLAL RAIKWAR
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
3. AJAYKANT S/O MANAKLAL RAIKWAR
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
4. AMITKANT S/O MANAKLAL RAIKWAR
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
5. VIJAY KANT S/O MANAKLAL RAIKWAR
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 6/23/2023
5:13:22 PM
2
6. SMT SHIBHA BAI W/O NARAYAN SAHU
OCCUPATION: HOUSEWIFE WARD NO 2 NEAR
WATER TANK THAKER JI KI BAKHRI MOHALLA
DAMOH MP (MADHYA PRADESH)
7. NITIN S/O NARAYAN SAHU OCCUPATION:
AGRICULTURIST WARD NO 2 NEAR WATER TANK
THAKER JI KI BAKHRI MOHALLA DAMOH MP
(MADHYA PRADESH)
8. ANURADHA SAHO D/O NITIN SAHU OCCUPATION:
AGRICULTURIST WARD NO 2 NEAR WATER TANK
THAKER JI KI BAKHRI MOHALLA DAMOH MP
(MADHYA PRADESH)
9. NARENDRA SINGH S/O GANESH SINGH
OCCUPATION: HOUSEWIFE WARD NO 2 NEAR
WATER TANK THAKER JI KI BAKHRI MOHALLA
DAMOH MP (MADHYA PRADESH)
10. SMT SUDHARANI W/O GANESH SINGH
OCCUPATION: HOUSEWIFE WARD NO 2 NEAR
WATER TANK THAKER JI KI BAKHRI MOHALLA
DAMOH MP (MADHYA PRADESH)
11. RATNESH SINGH S/O NARENDRA SINGH
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
12. SMT ROHINI W/O RATNESH SINGH OCCUPATION:
HOUSEWIFE WARD NO 2 NEAR WATER TANK
THAKER JI KI BAKHRI MOHALLA DAMOH MP
(MADHYA PRADESH)
13. MANOJ SHARMA S/O JEEVAN LAL SHARMA
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
14. SMT ARTI W/O MANOJ SHARMA OCCUPATION:
HOUSEWIFE WARD NO 2 NEAR WATER TANK
THAKER JI KI BAKHRI MOHALLA DAMOH MP
(MADHYA PRADESH)
15. HARISH SHARMA S/O ROOPNARAYAN SAHU
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 6/23/2023
5:13:22 PM
3
16. SMT USHA DEVI D/O ROOPNARAYAN SHARMA
OCCUPATION: HOUSEWIFE WARD NO 2 NEAR
WATER TANK THAKER JI KI BAKHRI MOHALLA
DAMOH MP (MADHYA PRADESH)
17. SMT INDRA BAI W/O SANTOSH KUMAR SHARMA
OCCUPATION: HOUSEWIFE WARD NO 2 NEAR
WATER TANK THAKER JI KI BAKHRI MOHALLA
DAMOH MP (MADHYA PRADESH)
18. NAVDEEP SHARMA S/O SANTOSH KUMAR
OCCUPATION: AGRICULTURIST WARD NO 2
NEAR WATER TANK THAKER JI KI BAKHRI
MOHALLA DAMOH MP (MADHYA PRADESH)
19. NIRMAL THAKER S/O UMSHANKER THAKER,
AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
GOVT EMPLOYEE SAKIN NAYA BAZAAR NO 2
DAMOH MP (MADHYA PRADESH)
.....RESPONDENTS
(SHRI BRAHMENDRA PATHAK, ADVOCATE FOR RESPONDENTS 6-12
AND SHRI AYUSH GUPTA, ADVOCATE FOR RESPONDENT 19)
This revision coming on for admission this day, th e court passed the
following:
ORDER
This civil revision has been preferred by applicant/landlord challenging
the order dtd. 14.03.2019 passed by Additional Collector/RCA in Case No.
9/B-121/2017-18 whereby on the application under Section 11 CPC filed by
respondents 6-8, learned RCA has dismissed the application for eviction filed
under Section 23-A(a) of the M.P. Accommodation Control Act, 1961 (in
short "the Act") on the ground of res judicata.
2. Learned counsel for the applicant submits that the order passed by
learned RCA is not sustainable because the previous civil suit No. 80-A/1990
was filed by the applicant Anantram Thaker and respondent 19 Nirmal Thaker
only against Narayan (whose legal representatives are respondents 6-8) under
Section 12(1)(a) of the Act and the respondents 1-5 and 9-18 were not party to
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 6/23/2023
5:13:22 PM
the previous suit. He submits that in any case dismissal of civil suit No. 80-
A/1990 vide judgment dtd. 30.10.1995 affirmed vide appeal No.6-A/97 decided
on 25.11.1997, does not operate res judicata to the application for eviction
filed before the RCA. Accordingly, he prays for allowing the civil revision.
3. Learned counsel appearing for respondents 6-12 supports the impugned
order and submits that there is no illegality in the impugned order because
previous dismissal of suit vide judgment & decree dtd. 30.10.1995 had attained
finality vide judgment and decree dtd.25.11.1997 passed by Second Additional
District Judge, Damoh. However, he concedes that in the previous suit the
respondents 1-5 and 9-18 were not party and also concedes that in the previous
suit there was no ground of bonafie requirement.
4. Heard learned counsel for the parties and perused the record.
5. Judgment and decree dtd. 30.10.1995 and 25.11.1997 available on
record show that previous civil suit was filed by Anantram Thaker and Nirmal
Thaker against Narayan only on the ground under Section 12(1)(a) of the Act
with the further avernments of raising construction of new house in place of the
existing house and no ground of bonafide requirement was taken therein. Even
otherwise in previous civil suit only Narayan was made party and respondents
1-5 and 9-18 were not party.
6. From perusal of the impugned order, it is clear that the learned RCA has
not taken into consideration this aspect of the mater and passed the order
without mentioning anything in respect of the subject matter of previous
litigation. As such, the impugned order is not sustainable.
7. Resultantly, the civil revision succeeds and is allowed with the further
direction to learned Additional Collector/RCA to restore the original application
on its number and to decide the same on its own merits in accordance with law
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 6/23/2023
5:13:22 PM
without being influenced by the impugned order dtd. 14.03.2019.
8. With the aforesaid, the civil revision is disposed off.
9. Interim application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
Pallavi
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 6/23/2023
5:13:22 PM
