Kushal Chand Jain vs Pratap Rao Kante
2025 Latest Caselaw 1257 MP

Madhya Pradesh High Court

Kushal Chand Jain vs Pratap Rao Kante on 8 July, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

           NEUTRAL CITATION NO. 2025:MPHC-GWL:13969




                                                            1                             SA-1647-2023
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                        BEFORE
                                         HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                  ON THE 8 th OF JULY, 2025
                                              SECOND APPEAL No. 1647 of 2023
                                                  KUSHAL CHAND JAIN
                                                        Versus
                                             PRATAP RAO KANTE AND OTHERS
                         Appearance:
                                 Shri Sanjeev Jain - Advocate for the appellant.

                                 Shri Rajeev Shrivastava- Advocate for the respondents.

                                                                ORDER

This second appeal under Section 32 of M.P. Accommodation Control Act, 1961 has been filed against the order dated 02/12/2016 passed by Additional District Judge, Gwalior in Miscellaneous Appeal No.06/2015.

I.A.No.3657/2023 has been filed for condonation of delay on the ground that appellant has prosecuted his grievances bonafidely before the writ Court and, therefore, the delay in filing this appeal may be condoned.

A preliminary objection has been raised by counsel for respondents

with regard to maintainability of this second appeal. By relying upon the judgment passed by the Co-ordinate Bench of this Court in the case of Jagdish Kumar Kanchan Vs. Shakeel Daood & Anr. decided on 05/04/2022 in S.A.No.639/2018, it is submitted that second appeal is not maintainable.

Heard the learned counsel for the parties on the question of maintainability.

NEUTRAL CITATION NO. 2025:MPHC-GWL:13969

2 SA-1647-2023 It appears that an application under Section 10 of M.P. Accommodation Control Act, 1961 has been filed by respondents before the RCA for fixation of standard rent. An application under Section 11 of M.P. Accommodation Control Act, 1961 was also filed for fixation of interim rent. On 25/03/2015, RCA, Lashkar District Gwalior in Case No.01/2013- 2014/Rent 90-1 passed an order under Section 11 of M.P. Accommodation Control Act, 1961 and fixed the interim rent as Rs.8,000/-.

Being aggrieved by the said order, appellant preferred a Miscellaneous Civil Appeal No.06/2015, which was dismissed by order dated 02/12/2016 on the question of maintainability. Being aggrieved by the order passed by Appellate Court, petitioner preferred W.P.No.100/2017, which was

withdrawn on 03/07/2023 with liberty to file a second appeal. It is an undisputed fact that appellant has not deposited the interim rent so fixed by RCA. It is also undisputed that application under Section 10 of M.P. Accommodation Control Act, 1961 is still pending and has not been decided so far.

Now, the only question for consideration is as to whether the second appeal against an order passed by RCA under Section 11 of M.P. Accommodation Control Act, 1961 is maintainable or not?

The Co-ordinate Bench of this Court in the case of Jagdish Kumar Kanchan (supra) has held as under:-

"In view of the above principles laid down by the Apex Court, it is apparent that the order passed under Section 11 of the Act does not finally decide the question or issue in controversy in the main case or materially and directly affects the final decision in the main case,

NEUTRAL CITATION NO. 2025:MPHC-GWL:13969

3 SA-1647-2023 therefore, the argument of the learned counsel for the appellant is not acceptable that being a final order, the order impugned is appealable."

In this case also, it is not disputed by the parties that application under Section 10 of M.P. Accommodation Control Act, 1961 is still pending. Accordingly, it is held that since, the order passed under Section 11 of M.P. Accommodation Control Act, 1961 is interim in nature, therefore, this second appeal is not maintainable.

Accordingly, it is dismissed as not maintainable.

(G. S. AHLUWALIA) JUDGE

PjS/-