Madhya Pradesh High Court
Ramsevak Shrivas vs Ramjeet Singh @ Hariom on 14 March, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
SA No. 526 of 2020
[RAMSEVAK SHRIVAS AND ANOTHER]
Vs.
[RAMJEET SINGH @ HARIOM AND ANOTHER]
Dated: 14-03-2023
Shri Madhu Sudan Shrivastava, learned counsel for the appellants.
Shri N.K. Gupta, learned Senior Counsel with Shri Shatru Daman
Singh Bhadouriyia, learned counsel for the respondents.
Heard on I.A. No.682/2020, an application for staying the effect and
operation of impugned judgment and decree passed by 16th Additional
District Judge, Gwalior in RCA No.6400114/2016 as well as
I.A.No.1119/2023, an application u/S.13(6) of the M.P. Accommodation
Control Act.
The respondent/plaintiff filed a civil suit bearing no.33A/2014
against appellants namely, Ramsevak Shriwas, Pooran Singh and
respondent no.2- Sonia for eviction. The suit was dismissed by learned 6th
Civil Judge Class-I, Gwalior (M.P.) vide judgment and decree dated
31/08/2016. Against the said judgment and decree, the respondent no.1-
Ramjeet Singh filed an appeal bearing No. RCA 6400114/2016 which was
allowed by 16th Additional District Judge, Gwalior (M.P.) vide judgment
and decree dated 10/12/2019 and decree of eviction has been granted in
favour of respondent no.1 - Ramjeet Singh u/S.12(1)(A) and 12(1)(C) of
M.P. Accommodation Control Act.
As per the findings of 16th Additional District Judge, Gwalior
(M.P.), the appellants/defendants had not paid the rent of the disputed
premises since three years back from the filing of the civil suit amounting
to Rs.18,000/- and on account of non-payment of rent, the decree
u/S.12(1)(A) of M.P. Accommodation Control Act was granted in favour
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 17-Mar-23
6:24:47 PM
of the respondent/plaintiff - Ramjeet Singh. The appellants have failed to
show that they have paid the said amount of rent or deposited it to the
Court.
Learned counsel for the appellants orally submitted that the
appellants have deposited the rent as per the law. However, he has not
filed any document/receipt in support of his averments. Learned counsel
for the appellants has also not filed reply to the application under Section
13(6) of M.P. Accommodation Control Act and no affidavit has been filed
on behalf of the appellants in support of their contention that rent has been
deposited or paid. The record also reveals that this Second Appeal has not
been admitted in relation to decree of eviction passed u/S.12(1)(A) of M.P.
Accommodation Control Act.
Learned counsel for the appellants orally made a prayer that one
opportunity be given to the appellants to deposit the arrears of rent as
directed by the learned trial Court and he may be given interim protection.
At this stage, counsel for the respondent no.1 submitted that in the
light of the decision of Apex Court in the case of Atma Ram Properties
(P) Ltd. Vs. Federal Motors (P) Ltd. (2005) 1 SCC 705 and Anderson
Wright & Co. Vs. Amarnath Roy & Ors. reported in 2005(6) SCC 489,
the direction be given to appellants for payment of mense profits @
Rs.5,000/- per month from the date of judgment and decree passed by
learned First Appellate Court i.e. 10/12/2019, if any interim protection is
granted in favour of the appellants.
Heard.
The Apex Court in the cases of Atma Ram Properties (P) Ltd.
(supra) & Anderson Wright & Co. (supra) has laid down that once a
decree for eviction has been passed, in the event of execution of decree for
eviction being stayed, the appellants can be put on such reasonable terms,
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 17-Mar-23
6:24:47 PM
as would in the opinion of the appellate court reasonably compensate the
decree-holder for loss occasioned by delay in execution of the decree by
the grant of stay in the event of the appeal being dismissed.
In view of the facts and circumstances of the case, when admittedly
the appellants have not deposited or paid arrears of rent as directed by
learned trial Court, so also, in the light of law laid down in the cases of
Atma Ram Properties (P) Ltd. (supra) & Anderson Wright (supra),
this Court thinks it appropriate that respondent no.1- Ramjeet Singh is
entitled for compensation / mense profits from the date of judgment and
decree passed by learned First Appellate Court i.e. 10/12/2019 while
granting interim protection to the appellants.
In view of the location and area of the property, this Court deems it
fit that Rs.4,000/- per month would be reasonably compensate the decree-
holder for loss occasioned by delay in execution of decree by the grant of
stay in the appeal being dismissed.
Consequently, it is hereby directed that upon deposition of entire
arrears of rent as well as mense profits @ Rs.4,000/- per month from the
date of the passing of judgment and decree by learned first appellate Court
within a period of one month from today, the effect and operation of
judgment and decree passed by 16th Additional District Judge, Gwalior
(M.P.) shall remain stayed. If the entire amount of arrears of rent is not
deposited within the aforesaid period, the defence available to the
appellants/defendants shall be struck down.
In view of aforesaid, I.A. No.682/2020 & I.A. No.1119/2023 stand
disposed of.
List the case after four week.
(SUNITA YADAV )
JUDGE
vpn
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 17-Mar-23
6:24:47 PM
