Bhagatram vs Dr. Mohan Kumar
2023 Latest Caselaw 14394 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       SA No. 651 of 2019
                                              (BHAGATRAM Vs DR. MOHAN KUMAR AND OTHERS)

                           Dated : 02-09-2023
                                 Shri Anil Kumar Jain, learned counsel for the appellant.

                                 Shri Baldeep Singh Gandhi, learned counsel for respondent no.1.

Heard on the question of admission. The appeal is admitted for hearing on the following substantial questions of law:-

1. Whether in the facts and circumstances of the case, the learned first appellate Court was justified in confirming the judgment passed by the Court below, whereby the objections filed by the appellant were dismissed?

2. Whether in the facts and circumstances of the case, the learned lower appellate Court was justified in not giving proper weight-age to the partition deed dated 06.09.1991, which was duly proved in evidence?

3. Whether in the facts and circumstances of the case, such a decree is executable when the possession has been handed over to the Objector Bhagatram who was not impleaded as a party in the suit?

4. Whether under the facts and in the circumstances of the case, the 'landlord-tenant' relationship exist between the respondents no.1 and 2 i.e.Dr. Mohan Kumar and Kamlesh Kumar?

5. Whether under the facts and in the circumstances of the case plaintiff Dr. Mohan Kumar is not 'estopped' from claiming over the ownership, even being a consenting party in the lease deed which was executed between Bhagatram and another tenant Sandeep Kumar?"

Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-09-2023 17:53:11

Issue notice to the respondents by RAD mode on payment of process fee within seven working days returnable within six weeks.

(HIRDESH) JUDGE

RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-09-2023 17:53:11