Citation : 2023 Latest Caselaw 3998 MP
Judgement Date : 14 March, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 376 of 2021
(BABLU ALIAS SHIVRAJ SINGH Vs RAJINDER SINGH RATAN (DEAD) THR. LRS. SMT. KULDEEP KAUR
RATAN AND OTHERS)
Dated : 14-03-2023
Shri Chandrahas Dubey, learned counsel for the appellant.
Heard on the question of admission.
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 any document, learned first appellate
Court has erred in holding the relationship of landlord and tenant between
the parties to the suit ?
3. Whether learned first appellate Court has erred in granting
decree of eviction on the grounds available under section 12(1) of the
M.P. Accommodation Control Act, 1961 ?"
Also heard on IA No.2216/2021, which is an application for stay.
Issue notice of final hearing along with substantial questions of law, as
well as IA No.2216/2021, to the respondents on payment of PF within seven
working days, failing which this appeal shall stand dismissed without further reference to the Court.
In the meantime, execution of impugned judgment and decree shall remain stayed until further orders.
Signature Not Verified Signed by: SWETA SAHU Signing time: 3/15/2023 5:04:34 PM
List for further consideration of IA No.2216/2021 after service of notice on the respondents.
CC as per rules.
(DWARKA DHISH BANSAL) JUDGE
ss
Signature Not Verified Signed by: SWETA SAHU Signing time: 3/15/2023 5:04:34 PM
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