Madhya Pradesh High Court
Vikash Kumar Agrawal vs Shri Digambar Jain Khandelwal Saravgi ... on 6 August, 2025
Author: Anil Verma
Bench: Dwarka Dhish Bansal, Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-JBP:36550
1 SA-896-2015
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 6 th OF AUGUST, 2025
SECOND APPEAL No. 896 of 2015
VIKASH KUMAR AGRAWAL
Versus
SHRI DIGAMBAR JAIN KHANDELWAL SARAVGI PANCHAYAT
AND OTHERS
Appearance:
Shri Sheersh Agrawal with Shri Falgun Yadav, Advocates for appellant.
Shri Manish Kumar Verma with Ms. Nidhi Sonkar, Advocates for respondent.
ORDER
This second appeal has been preferred by the appellant/defendant
challenging the judgment and decree dtd. 22.07.2015 passed by 2nd
Additional District Judge, East Nimad, Khandwa in Regular Civil Appeal
No.67A/2013 affirming the judgment and decree dtd.30.07.2009 passed by
2nd Civil Judge Class-I, Khandwa in Civil Suit No.40A/2008 whereby both
the Courts below have decreed the suit for eviction of rented shop under the
general law because the plaintiff being registered public trust, the provisions
of the M.P. Accommodation Control Act, 1961 are not applicable.
2. Learned counsel for the appellant submits that although the Courts
below have decreed the suit for eviction under the general law, but the
plaintiff/trust has taken the grounds provided under Section 12(1) of the M.P.
Accommodation Control Act, 1961 and upon failure to prove the same, the
suit ought to have been dismissed, however, he does not disputed service of
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2 SA-896-2015
notice on the original defendant-Surajmal (now dead, through LRs) issued
under Section 106 of the Transfer of Property Act, 1882 terminating tenancy
of the defendant and after arguing at length but faced with the situation that
the suit is not under the M.P. Accommodation Control Act, 1961 and tenancy
of the defendant was terminated legally by issuing notice under Section 106
of the Transfer of Property Act, learned counsel for the appellant prays for
withdrawal of this second appeal with the submission that the appellant is
ready to vacate the rented shop and he may be granted time of one year up to
31.07.2026, which has not been opposed by learned counsel appearing for
the respondent/trust.
3. In view of the unopposed prayer made by learned counsel for the
appellant and looking to the facts and circumstances of the case, this Court
deems fit to grant time for vacating the suit shop/rented premises upto
31.07.2026 on the following conditions:-
(i) The appellant/defendant/tenant shall vacate the rented premises on
or before 31.07.2026.
(ii) The appellant/defendant/tenant shall regularly pay monthly rent to
the respondent/plaintiff/landlord and shall also clear all the dues, if any,
including the costs of the litigation, if any, imposed by Courts below, within
a period of 30 days.
(iii) The appellant/defendant/tenant shall not part with the rented
premises to anybody and shall not change nature of the same.
(iv) The appellant/defendant/tenant shall furnish an undertaking with
regard to the aforesaid conditions within a period of three weeks before the
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learned Court below/Executing Court.
(v) If the appellant/defendant/tenant fails to comply with any of the
aforesaid conditions, the respondent/plaintiff/landlord shall be free to
execute the decree forthwith.
(vi) If after filing of the undertaking, the appellant/defendant/tenant
does not vacate the rented premises on or before 31.07.2026 and creates any
obstruction, he shall be liable to pay mesne profits of Rs.500/- per day, so
also contempt of order of this Court.
(vii) It is made clear that the appellant/defendant/tenant shall not be
entitled for further extension of time after 31.07.2026.
4. In view of the aforesaid, interference in the impugned judgment
and decree is declined and this second appeal is dismissed as withdrawn and
disposed of.
5. Pending application(s), if any, shall also stand disposed of.
(DWARKA DHISH BANSAL)
JUDGE
KPS
