Kabir Khan vs Farid Khan
2024 Latest Caselaw 6583 MP

Madhya Pradesh High Court

Kabir Khan vs Farid Khan on 4 March, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 47 of 2015
                                            (KABIR KHAN AND OTHERS Vs FARID KHAN AND OTHERS)

                           Dated : 04-03-2024
                                 Shri A.Usmani - Advocate for the appellants.

                                 Shri Durgesh Pandey - Advocate for the respondent.

Learned counsel for the respondent at the outset submitted that he is unable to contact his party because of old mobile number, however, he had sent letter but there was no response and hence, he prayed that this Court may issue

SPC to the respondent.

Such a prayer is out-rightly rejected since learned counsel for the respondent had made multiple claims/submissions as is reflected from order- sheet dated 31.8.2023 and no party can be allowed to take somersault subsequently after making submissions before this Court. Learned counsel who is unable to contact his party is free to plead "No instructions", if he so desires.

Learned counsel for the appellants submits that in compliance of order dated 31.8.2023 he has filed I.A.No.14790/2023 alongwith photographs. No

reply/counter of the same has been received from the opposite side. The photographs are taken on record and accordingly, I.A.No.14790/2023 stand disposed of.

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

"(1) Whether the learned Lower Appellate Court committed an error in passing judgment and decree for eviction of appellants under section 12(1)(a) of the Act without appreciating

of deposition of whole arrears of rent (A-1 to A-3) and there is no rent due to be deposited?

(2) Whether the learned Lower Appellate Court has not appreciated that the plaintiffs have sufficient accommodation of houses bearing Nos.254/1 and 254/3 available apart from the part of suit accommodation 254/2 passed judgment and decree under section 12(1)(e) of the Act?

(3) Whether the learned Lower Appellate Court justified in passing the judgment and decree under section 12(1)(c ) of the Act without appreciating that even assuming that there was denial

of title of the plaintiffs over the suit accommodation, however, subsequently by depositing the rent it does wipe out the ground of eviction?"

Interim order granted earlier shall continue till final disposal of this appeal.

(AVANINDRA KUMAR SINGH) JUDGE

RM