Madhya Pradesh High Court
Alok Kumar Gupta vs Mrs Rajinder Arora on 29 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 29 th OF MAY, 2024
SECOND APPEAL No. 2831 of 2023
BETWEEN:-
ALOK KUMAR GUPTA S/O KAMTA PRASAD GUPTA,
AGED ABOUT 48 YEARS, OCCUPATION: BUISNESSMAN
R/O NEAR OLD GANDHI CHOWK (RAM KISHORE
SANEHI GUPTA AND SONS ESTABLISHMENT) STATION
R O A D SHAHDOL TEHSIL SOHAGPUR DISTRICT
SHAHDOL (MADHYA PRADESH)
.....APPELLANT
(BY SHRI YOGESH SINGH BAGHEL - ADVOCATE)
AND
1. MRS RAJINDER ARORA W/O LATE SARDAR
KULWANT SINGH, AGED ABOUT 70 YEARS, R/O
BUDHAR ROAD NEXT TO SURYA HOTEL POLICE
STATION SHAHDOL TEHSIL SOHAGPUR DISTRICT
SHAHDOL (MADHYA PRADESH)
2. DALJEET SINGH ARORA ALIAS SHARYA S/O
SARDAR KULWANT SINGH, AGED ABOUT 46
YEARS, BURHAR ROAD NEXT TO SURYA HOTEL
P/S SHAHDOL TEHSIL SOHAGPUR DISTRICT
SHAHDOL MP (MADHYA PRADESH)
3. TARANJIT SINGH ARORA ALIAS HAURIYA S/O
SARDAR KULWANT SINGH, AGED ABOUT 43
YEARS, BURHAR ROAD NEXT TO SURYA HOTEL
P/S SHAHDOL TEHSIL SOHAGPUR DISTRICT
SHAHDOL MP (MADHYA PRADESH)
4. MRS. GURUPREET KAUR D/O SARDAR KULWANT
SINGH, AGED ABOUT 44 YEARS, R/O GURUNANAK
PURA NAGPUR DISTRICT NAGPUR
MAHARASHTRA (MAHARASHTRA)
.....RESPONDENTS
(BY SHRI PRAVEEN DUBEY - ADVOCATE)
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 5/30/2024
2:05:24 PM
2
This appeal coming on for admission this day, th e court passed the
following:
ORDER
The defendant/tenant has preferred this second appeal challenging the
judgment and decree dated 8/7/2021 passed by Civil Judge Class-II, Shahdol in
Civil Suit No.97-A/2018 and the judgment and decree dated 25.10.2023 passed
by III District Judge Shahdol in Regular Civil Appeal No.10/2022, whereby the
suit filed by respondent/plaintiff for eviction and mesne profit has been decreed.
The suit was filed for eviction on the grounds available under Section 12(1)(a)
(d) and (f) of the Madhya Pradesh Accommodation Control Act, 1961 (in short
"the Rent Act"), however, the trial Court decreed the suit under Section 12(1)(a)
and (f) of the Act only. The appellant preferred the appeal and the same was
dismissed by the appellate Court. The present second appeal is filed against the
concurrent finding of the trial Court and appellate Court in respect of the
ground available under Section 12(1)(a) and (f) of the Act.
2 . Respondent/plaintiff has preferred the suit for the bonafide
requirement of his nephew for starting his business on the ground that property
belongs to joint Hindu Family and plaintiff is karta of the family and his nephew
is educated major son of his brother and wants to start the business and there is
no other suitable alternate accommodation is available in the city for that
purpose. The plaintiff has also pleaded that the tenant has failed to make the
payment of arrears of rent within two months from the date of notice or within
one month from the date of receipt of summons, therefore, he is liable to be
evicted.
3. Learned Trial Court after recording evidence of both the parties,
decreed the suit under Section 12(1)(a) and (f) and the judgment and decree is
up held by the first appellate Court.
4. At this stage, learned counsel for the appellant prays for withdrawal of
this second appeal with the submission that he may be granted one year time to
vacate the suit shop. The prayer is not opposed by the counsel appearing on
behalf of the respondent/plaintiff.
5. In view of the prayer made on behalf of the appellant for granting one
year time to vacate the tenanted premises, in the interest of justice and looking
to the period and nature of tenancy, one year time for vacating the tenanted
premises is granted on the following conditions:-
(i) The appellant/defendant shall vacate the suit shop on or before
30.06.2025.
( i i ) The appellant/defendant shall regularly pay rent to the
respondent/landlord and shall also clear all the dues, if any, including the costs
of the litigation, if any, imposed by the learned Courts below.
(iii) The appellant/defendant shall not part with the suit premises to
anybody and shall not change nature of the suit shop.
(iv) The appellant/defendant shall furnish an undertaking with regard to
the aforesaid conditions within a period of three weeks before Executing Court,
upon furnishing the aforesaid undertaking, the execution proceeding will be
closed.
(v) If the appellant/defendant fails to comply with any of the aforesaid
conditions, the respondent/plaintiff shall be free to execute the decree forthwith.
(vi) If after filing of the undertaking, the appellant/defendant do not
vacate the suit shop on or before 30.06.2025, the respondent/plaintiff shall be at
liberty to execute the decree forthwith.
6. With the aforesaid observation, this second appeal is hereby
dismissed and disposed off. No order as to costs.
7. Interim application(s), if any, shall stand disposed off.
(VINAY SARAF)
JUDGE
irfan
