Madhya Pradesh High Court
Chandrakant Vamanrao Magre vs Shri Digamber Jain Khandelwal on 6 August, 2025
Author: Anil Verma
Bench: Dwarka Dhish Bansal, Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-JBP:36550
1 SA-910-2015
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. 910 of 2015
CHANDRAKANT VAMANRAO MAGRE
Versus
SHRI DIGAMBER JAIN KHANDELWAL AND OTHERS
Appearance:
Shri Sankalp Kochar with Shri Pramendra Singh Thakur, Advocates for appellant.
Shri Manish Kumar Verma with Ms. Nidhi Sonkar, Advocate for respondent 1.
ORDER
This second appeal is preferred by the original appellant/defendant-
Chandrakant Vamanrao Magre (now dead, through LRs) challenging the
judgment and decree dtd. 22.07.2015 passed by 2nd Additional District
Judge, East Nimad, Khandwa in Regular Civil Appeal No.4A/2015 affirming
the judgment and decree dtd.28.07.2009 passed by 2nd Civil Judge Class-I,
Khandwa in Civil Suit No.41A/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 appellants 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 dispute service
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of notice on the defendant 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 appellants prays for withdrawal of this
second appeal with the submission that the appellants are ready to vacate the
rented shop and they 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
appellants 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 appellants/defendants/tenants shall vacate the rented premises
on or before 31.07.2026.
(ii) The appellants/defendants/tenants 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 appellants/defendants/tenants shall not part with the rented
premises to anybody and shall not change nature of the same.
(iv) The appellants/defendants/tenants shall furnish an undertaking
with regard to the aforesaid conditions within a period of three weeks before
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the learned Court below/Executing Court.
(v) If the appellants/defendants/tenants fail 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 appellants/defendants/tenants
do not vacate the rented premises on or before 31.07.2026 and create any
obstruction, they 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 appellants/defendants/tenants 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
