Madhya Pradesh High Court
Prakashchandra vs Reena on 24 June, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2025:MPHC-JBP:27137
1 SA-1456-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 24th OF JUNE, 2025
SECOND APPEAL No. 1456 of 2025
PRAKASHCHANDRA
Versus
REENA
Appearance:
Shri Yogesh Mohan Tiwari - Advocate for the appellant.
ORDER
This second appeal has been preferred by the appellant/defendant
challenging the judgment and decree dated 9/5/2025 passed by Fourth
District Judge, Burhanpur in Regular Civil Appeal No.5/2025 affirming the
judgment and decree dated 19/12/2024 passed by Fourth Civil Judge Senior
Division, Burhanpur in RCSA No.36A/2021, whereby Courts below have
concurrently decreed the suit for eviction on the ground of residential need
available under Section 12(1)(e) of the M.P. Accommodation Control Act,
1961 (in short "the Act").
2. It is undisputed fact available on record that one Yashwant was
owner and landlord of the rented house, who vide registered sale deed dated
30/10/1998 (Ex.P/1) sold the house to Rajkunwarbai, who in turn executed a
registered gift deed dated 25/10/2017 (Ex.P/2) in favour of plaintiff-Reena
and on that basis, she instituted the suit for eviction on 4/2/2021, as such,
there is a relationship of landlord and tenant in between the plaintiff and
defendant. It is also undisputed fact available on record that the plaintiff has
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no other alternative accommodation in the township of Burhanpur and she is
residing with her husband.
3. In the case of Kishore Singh vs. Satish Kumar Singhvi, 2017(3) JLJ
375 , a coordinate Bench of this Court has relied upon the decision of
Hon'ble Supreme Court in the case of Ragavendra Kumar vs. Firm Prem
Machinary and Company, AIR 2000 SC 534 , and held that the findings
recorded on the question of bonafide requirement do not give rise to any
substantial question of law.
4. After arguing at length and in the light of legal position settled by
Hon'ble Supreme Court and in view of the concurrent judgment and decree
passed by Courts below, learned counsel for the
appellant/defendant/tenant prays for withdrawal of this second appeal and
prays for grant of one year's time i.e. upto 30/6/2026 to vacate the tenanted
premises.
5. In view of prayer made by learned counsel for the appellant, by
declining interference in the impugned judgment and decree passed by
Courts below, this Court deems fit to grant time for vacating the tenanted
premises upto 30/6/2026 on the following conditions:-
(i) The appellant/defendant/tenant shall vacate the tenanted premises
on or before 30/6/2026.
(ii) The appellant/defendant/tenant shall regularly pay monthly rent to
the respondent/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.
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(iii) The appellant/defendant/tenant shall not part with the tenanted
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
learned Court below/Executing Court.
(v) If the appellant/defendant/tenant fails to comply with any of the
aforesaid conditions, the respondent/landlord shall be free to execute the
decree forthwith.
(vi) If after filing of the undertaking, the appellant/defendant/tenant
does not vacate the tenanted premises on or before 30/6/2026 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 30/6/2026.
6. With the aforesaid observations, this second appeal is hereby
dismissed/disposed off as withdrawn.
7. Misc. application(s), pending if any, shall stand closed.
(DWARKA DHISH BANSAL)
JUDGE
Arun*
