[Cites 2, Cited by 0]
Madhya Pradesh High Court
Smt Kamla Bai Dhohre vs Ramesh on 7 January, 2026
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2026:MPHC-JBP:884
1 SA-1933-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 7 th OF JANUARY, 2026
SECOND APPEAL No. 1933 of 2025
SMT KAMLA BAI DHOHRE
Versus
RAMESH
Appearance:
Shri Shishir Kumar Soni - Advocate for the appellant.
ORDER
This second appeal is preferred by the appellant/defendant/tenant
challenging the judgment and decree dated 28.06.2025 passed by Principal
District Judge, Balaghat in RCA No.86/2023 affirming the judgment and
decree dated 07.11.2023 passed by Second Civil Judge Senior Division,
Balaghat in RCSA No.44-A/2022, whereby both the Courts below have
decreed the respondent/plaintiff/landlord's suit for eviction of shop on the
ground of default in making payment of monthly rent available under
Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 (in short 'the
Act').
2. As has been narrated by learned counsel for the appellant, in the
present case, there is no dispute about relationship of landlord and tenant in
between the parties and the defendant neither paid rent after issuance of
demand notice, nor deposited the same after filing of the suit in accordance
with Section 13(1) of the Act. Resultantly, both the Courts below have
decreed the suit on the ground under Section 12(1)(a) of the Act.
NEUTRAL CITATION NO. 2026:MPHC-JBP:884
2 SA-1933-2025
3. Even after arguing at length, learned counsel for the
appellant/defendant is not in a position to show any illegality in the
concurrent judgment and decree passed by Courts below.
4. In view of aforesaid, learned counsel for the
appellant/defendant/tenant prays for withdrawal of this second appeal and
prays for one year time to vacate the rented shop.
5. In view of the aforesaid prayer made by learned counsel for the
appellant, however by declining interference in the impugned judgment and
decree passed by Courts below, this Court deems fit to grant time for
vacating the rented shop/premises upto 31.12.2026 on the following
conditions:-
(i) The appellant/defendant/tenant shall vacate the rented
shop/premises on or before 31.12.2026.
(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.
(iii) The appellant/defendant/tenant shall not part with the rented
shop/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
NEUTRAL CITATION NO. 2026:MPHC-JBP:884
3 SA-1933-2025
execute the decree forthwith.
(vi) If after filing of the undertaking, the
appellant/defendant/tenant does not vacate the rented shop/premises on
or before 31.12.2026 and creates any obstruction, she 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 31.12.2026.
6. With the aforesaid conditions, this second appeal is hereby
dismissed as withdrawn.
7. Pending application(s), if any, shall stand disposed of.
(DWARKA DHISH BANSAL)
JUDGE
ss
