Nisar vs Surendra
2025 Latest Caselaw 6060 MP

Madhya Pradesh High Court

Nisar vs Surendra on 26 March, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-IND:8126




                                                                 1                               SA-450-2024
                               IN     THE       HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                    ON THE 26th OF MARCH, 2025
                                                  SECOND APPEAL No. 450 of 2024
                                                                NISAR
                                                                Versus
                                                              SURENDRA
                            Appearance:
                               Shri Durgesh Sharma, Advocate for appellant.
                               Shri Mangesh Bhachawat, Advocate for respondent.

                                                                     ORDER

This second appeal has been preferred by the appellant/defendant/tenant challenging the judgment and decree dtd. 05.09.2023 passed by Principal District Judge, Mandsaur in RCA No.01/2023 affirming the judgment and decree dtd. 01.12.2022 passed by 1st Civil Judge Senior Division, Mandsaur in RCA No.1200254/2015 whereby Courts below have concurrently decreed the suit for eviction on the ground under Section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (in

short "the Act").

2. The instant appeal is barred by limitation of 69 days.

3. At the outset, learned counsel for the appellant concedes and submits that looking to the concurrent finding of facts recorded by courts below in respect of bonafide requirement, which is a pure finding of fact, the appellant may be granted time of 18 months to vacate the suit premises.

4. Learned counsel appearing for the respondent submits that time up

NEUTRAL CITATION NO. 2025:MPHC-IND:8126

2 SA-450-2024 to 30.06.2026 may be granted to the appellant to vacate the premises.

5. In view of the aforesaid consensus and declining interference in the impugned judgment and decree passed by Courts below, this Court deems fit to grant time for vacating the tenanted/suit accommodation upto 31.06.2026 on the following conditions:-

(i) The appellant/defendant/tenant shall vacate the tenanted/suit accommodation on or before 31.06.2026.

(ii) The appellant/defendant 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.

(iii) The appellant/defendant shall not part with the suit accommodation to anybody and shall not change nature of the same.

(iv) The appellant/defendant shall furnish an undertaking with regard to the aforesaid conditions within a period of three weeks before the Court below/Executing Court.

(v) If the appellant/defendant 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 suit accommodation on or before 31.06.2026 and creates any obstruction, he shall be liable to pay mesne profits of Rs.500/- per day, so also contempt of judgment of this Court.

(vii) It is made clear that the defendant/appellant shall not be entitled

NEUTRAL CITATION NO. 2025:MPHC-IND:8126

3 SA-450-2024 for further extension of time after 31.06.2026.

6. With the aforesaid observations, this second appeal fails and is hereby dismissed.

7. Misc. application(s), pending if any, shall stand closed and interim order of stay, if any, shall stand vacated.

(DWARKA DHISH BANSAL) JUDGE

KPS