Madhya Pradesh High Court
Hari Naryan vs J.K. Laxmi Cement Ltd. on 31 March, 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 31 st OF MARCH, 2023
SECOND APPEAL No. 431 of 2016
BETWEEN:-
HARI NARYAN S/O SHRI CHAMPA LAL, AGED ABOUT 59
YEAR S , QUARTER NO 26 NEW LABOUR COLONY
CHHOLA ROAD, BHOPAL
.....APPELLANT
(BY SHRI K. L. GUPTA - ADVOCATE )
AND
J.K. LAXMI CEMENT LTD. THROUGH ITS AUTHORISED
SIGNATORY MOHAN LAL GODRA OFFICE AT
JAIKAPURAM DIST- SEHORI (RAJ) AND MANAGING
OFFICER AT NEHRU HOUSE 4 , BAHADUR SHAH ZAFAR
MARG NEW DELHI AND LOCAL OFFICE AT CHHOLA
ROAD BHOPAL (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI YUVRAJ SINGH ON BEHALF OF SHRI SATYAM AGRAWAL -
ADVOCATES )
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Heard on I.A No.4865 of 2016, which is an application under Section 5
of the limitation Act for condonation of delay.
Registry has reported this appeal to be barred by 5 days.
For the reasons assigned in the application which is supported by
affidavit, I.A No.4865 of 2016 is allowed and the delay of 5 days in filing the
second appeal is hereby condoned.
With the consent of the parties second appeal is also heard on the
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/3/2023
8:08:29 PM
question of admission.
This second appeal has been preferred by the
appellant/defendant/tenant/retired employee challenging the judgment and
decree dated 17.12.2015 passed by 14th Additional District Judge, Bhopal, in
civil appeal No.59/2015, reversing the judgment and decree dated 02.01.2015
passed by 17th Civil Judge Class-II, Bhopal, in civil suit no.940-A/2013,
whereby, learned trial Court dismissed the suit filed by the respondent/plaintiff
on the grounds under Section 12(1)(a) and (j) of the M.P. Accommodation
Control Act, 1961 (in short "the Act"ÂÂ) which has been decreed by first
appellate Court.
2. Learned counsel for the appellant/defendant submits that the defendant is
not employee/tenant of the respondent/plaintiff - J.K. Lakshmi Cement Limited,
but he was employee of Straw Products Limited and there is no documentary
evidence available on record regarding handing over and taking over the
liabilities and assets of the respondent in between Straw Products Limited or
J.K. CORP Limited or Lakshmi Cement Limited, therefore, learned first
appellate Court has erred in holding the defendant/appellant to be an
employee/tenant of respondent J.K. Lakshmi Cement Limited. Learned counsel
further submits that the period of lease granted to the respondent by the
State/Municipal Board is already over and the proceedings regarding
dispossession/removal of encroachment/construction are already pending
against the respondent/plaintiff, regarding which the respondent has already
filed Writ Petition no.17426/2010 and Writ Petition no. 20092/2015 which are
pending after granting interim relief in favour of respondent/plaintiff, therefore,
in any case, the respondent/plaintiff is not entitled for decree of eviction against
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/3/2023
8:08:29 PM
the appellant/defendant.
3. Learned counsel for the respondent/plaintiff supports the impugned
judgment and decree passed by learned first appellate Court and prays for
dismissal of second appeal. He further submits that the plaintiff being employer
and defendant/appellant being retired employee/tenant, learned first appellate
Court has rightly granted decree of eviction against the appellant/defendant.
4. Heard learned counsel for the parties and perused the record.
5 . During the course of arguments, this Court requisitioned the record of
pending Writ Petition No.17426/2010 and Writ Petition No. 20092/2015 (J.K.
Lakshmi Cement Limited vs. The State of M.P. and others ) and after
perusal of record, it revealed that the respondent'™s factory/mill has
already been closed and after expiry and cancellaltion of lease, the State
Government has started proceedings to dispossess the respondent/plaintiff J.K.
Lakshmi Cement Limited including removal of construction/encroachment made
by it and the counsel for the respondent has not been able to dispute this fact.
6. In the instant case, no evidence has been adduced by the
defendant/appellant to show that he is not employee/tenant of J.K. CORP
Limited or J.K. Lakshi Cement Limited but undisputedly he is in possession of
the suit property, which was allotted to him by the respondent Company on rent
and after closure of factory/mill the appellant also received compensation
amount at the time of his retirement from M/s J.K. Corp. Limited, changed
name of which is J.K. Lakshmi Cement Limited.
7. The defendant has also failed to point out any right to remain in possession
of the suit property, therefore, even prima facie there is no material available on
record to make any interference in the findings recorded by learned first
appellate Court.
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/3/2023
8:08:29 PM
8. Resultantly, the second appeal deserves to be and is hereby dismissed.
9. However, looking to the pending dispute in Writ Petition No.17426/2010
and Writ Petition No. 20092/2015 (J.K. Lakshmi Cement Limited vs . The
State of M.P. and others ), this Court is of the considered opinion that the
decree of eviction passed by first appellate Court shall be executable only after
finalization of the dispute pending in Writ Petition No.17426/2010 and Writ
Petition No. 20092/2015 (J.K. Lakshmi Cement Limited vs. The State of
M.P. and others ) and the decree of eviction shall remain subject to final
outcome of the said writ petitions.
10. With the aforesaid observation, this second appeal is disposed off.
11. Interim application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
pb
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/3/2023
8:08:29 PM
