Narendra vs Narendra - 2022 Supreme(MP) 1219

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1219

PRANAY VERMA
Narendra – Appellant
Versus
Narendra – Respondent

Advocates Appeared:
Dattatray Kale, Advocate, Manju Raj Singh, Advocate

JUDGMENT

Pranay Verma, J. - This appeal under Section 100 of the CPC has been preferred by the plaintiff against the judgment and decree dated 16-11-2018 passed in Regular Civil Appeal No.14/2015 by the First Additional District Judge, Khargone (West Nimar) reversing the judgment and decree dated 24-01-2015 passed in Civil Suit No. 12-A/2014 by the Second Civil Judge, Class-I, District Khargone and dismissing his claim for eviction of the defendants from the suit shop situated at Tilak road, Khargone.

2. As per the plaintiff he is the owner of the suit shop having obtained the same from Nagar Palika, Khargone on lease on 24.05.2008 for a period of thirty years. Earlier the same had been taken on lease by his grandfather late Kanhaiyalal Onkarlal from Nagar Palika Khargone. By a will dated 09.09.1986 Kanhaiyalal had bequeathed the suit shop in his favour and upon his death he became the sole owner thereof. On the basis of the will Nagar Palika, Khargone executed fresh lease in his favour. The father of defendants late Shantilal had taken the suit shop from Kanhaiyalal on rent at Rs. 50/- per month in the year 1975. Upon death of his grandfather plaintiff had communicated the fact of h