Smt. Laxmi Bai vs Prathvinath
2024 Latest Caselaw 3975 MP

Madhya Pradesh High Court

Smt. Laxmi Bai vs Prathvinath on 9 February, 2024

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       THE HIGH COURT OF MADHYA PRADESH
                  AT JABALPUR
                             S.A. No.306/2020
          (SMT. LAXMI BAI AND OTHERS Vs PRATHVINATH AND OTHERS)


Dated: 09/02/2024
       Shri Imtiyaz Hussain - Senior Advocate with Shri Ishteyaq
Hussain - Advocate for appellants.
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Heard on the question of admission. Appeal is admitted for final hearing on the following substantial questions of law:-

"1. Whether the Courts below were legally justified in decreeing the suit under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961, especially when the pre-suit notice Ex.P-5 dated 25.09.1993 is not proved to have been sent by post to the tenant as the postal receipt Ex.P-6 is dated 21.09.1993? Also heard on I.A. No.1361/2020, which is an application under Order 41 Rule 5 of CPC.

Issue notice of final hearing along with substantial questions of law to respondents on payment of process fee within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, effect and operation of the impugned judgment and decree dated 30.06.2014 passed in Civil Suit No.106-A/2009 passed by Civil Judge, Clas-II, Multai, District Betual, shall remain stayed till the final decision of this appeal.

If appeal survives, list for final hearing after service of notice on the respondents in due course.

(PRAMOD KUMAR AGRAWAL) JUDGE Sateesh

Date: 2024.02.09 18:28:17 +05'30'