Shrenik Kumar Malaiya vs Atul Kumar Jain
2024 Latest Caselaw 16276 MP

Madhya Pradesh High Court

Shrenik Kumar Malaiya vs Atul Kumar Jain on 30 May, 2024

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       SA No. 765 of 2024
                                             (SHRENIK KUMAR MALAIYA Vs ATUL KUMAR JAIN)

                         Dated : 30-05-2024
                               Shri Utkarsh Pandey - Advocate for the petitioner.

                               Heard on the question of admission.
                               The present second appeal is preferred by the plaintiff.
                               Plaintiff filed a suit for eviction against the respondent on the grounds of

Section 12(1)(a) (h) and (f) of M.P. Accommodation Control Act, 1961.

Trial Court by judgment dated 30.08.2022 decreed the suit and passed the decree of eviction under Section 12(1)(a) however, declined to grant the decree under Section 12(1)(h) & (f).

Respondent/tenant preferred an appeal before District Judge (Special Court No.10), Sagar which was allowed and suit was dismissed. Present appeal has been preferred by plaintiff assailing the judgment of First Appellate Court.

Appeal is admitted in view of judgment delivered by Apex Court in the matter of Santosh Hazari vs. Purushottam Tiwari (2001) 3 SCC 179 on the following substantial question of law.

"Whether the First Appellate Court was justified in reversing the finding of Trial Court recorded in respect of ground available under Section 12(1)(a) of M.P. Accommodation Control Act, 1961 by re appreciation of evidence for the purpose of reaching to the different conclusion?"

Issue notice to respondent upon payment of PF within three working days along with the copy of substantial question of law by RAD mode.

Notice be made returnable within four weeks.

Record of Trial Court and Appellate Court be requisitioned. List this matter for final hearing in due course.

(VINAY SARAF) JUDGE

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