Kamta Prasad Thr Lrs Smt Rama Dei ... vs J.K.Laxmi Cement Ltd
2023 Latest Caselaw 5331 MP

                                                     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. 242 of 2017

                         BETWEEN:-
                               KAMTA PRASAD (DEAD) THROUGH LRS:-
                               1. SMT RAMA DEI SAHU W/O KAMTA PRASAD,
                               AGED ABOUT 60 YEARS,

                               2. ARUN SAHU S/O LATE KAMTA PRASAD, AGED
                               ABOUT 21 YEARS
                               BOTH R/O QR. NO.12, STRA PRODUCTS, OLD
                               LABOUR COLONY, IBRAHIMGANJ, BHOPAL (M.P.)

                               3. SMT. PARVATI SAHU D/O LATE KAMTA
                               PRASAD,  AGED   ABOUT  46  YEARS, AZAY
                               TARNAMONT AHEMDABAD (GUJARAT)

                               4. SMT. KAUSHALYA SAHU D/O LATE KAMTA
                               PRASAD, AGED ABOUT 43 YEARS, TALVPURA
                               GHODEGHAT LALITPUR (UTTAR PRADESH)

                               5. SMT. PRETI SAHU D/O LATE KAMTA PRASAD,
                               AGED ABOUT 33 YEARS, MAHESHWAR NAGAR
                               AHEMDABAD (GUJARAT)

                               6. SMT. POONAM SAHU D/O LATE KAMTA
                               PRASAD,    AGED    ABOUT    29   YEARS,
                               JALPARISOCIETY AHEMDABAD (GUJARAT)

                                                                           .....APPELLANTS
                         (BY SHRI VINOD KUMAR MISHRA - ADVOCATE)

                         AND
                         J.K.LAXMI CEMENT LTD MANGING OFFICER NEHRU
                         HNO 4, BAHADRSHAH JAFAR MARG NEW DELHI
                         (MADHYA PRADESH)

                                                                           .....RESPONDENT
                         (BY SHRI YUVRAJ SINGH ON BEHALF OF SHRI SATYAM AGRAWAL -
                         ADVOCATES )
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/3/2023
8:08:29 PM
                                                               2
                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                              ORDER

This second appeal has been preferred by the appellant/defendant/tenant/retired employee challenging the judgment and decree dated 29.11.2016 passed by 12th Additional District Judge, Bhopal, in civil appeal No.104/2016, reversing the judgment and decree dated 22.02.2016 passed by 17th Civil Judge Class-I, Bhopal, in civil suit no.1161-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 "œthe Act") 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, Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/3/2023 8:08:29 PM

in any case, the respondent/plaintiff is not entitled for decree of eviction against 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 Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/3/2023 8:08:29 PM

record to make any interference in the findings recorded by learned first appellate Court.

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