Sanjeev Alias Kailash vs Shyam Manohar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1521

SANJAY DWIVEDI
Sanjeev Alias Kailash – Appellant
Versus
Shyam Manohar – Respondent

Advocates Appeared:
Ashish Shroti, Advocate, for the Appellant; Shri Imtiyaz Hussain, Advocate, for the Respondent

Table of Content
1. overview of tenancy and eviction suit. (Para 1 , 2 , 3 , 4 , 5)
2. arguments regarding ownership and eviction. (Para 6 , 8 , 9 , 10 , 11)
3. analysis of evidence and findings. (Para 12 , 13 , 14 , 15)
4. concurrent findings on landlord-tenant relationship. (Para 16)
5. conclusion and dismissal of appeal. (Para 17 , 18)

JUDGMENT

1. This appeal has been filed under Section 100 of the Code of Civil Procedure by the appellant/defendant against the judgment and decree dated 14.08.2006 passed in Civil Appeal No. 32-A/2006 arising out of the judgment and decree dated 24.12.2003 passed in Civil Suit No. 21-A/1997 whereby the appellate court has set aside the judgment and decree granted under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act of 1961'), but, decreed the suit on the ground of Section 12(1)(c) of the Act of 1961.

2. The facts in brief are that the respondent No.1/Plaintiff filed a suit against the appellant/defendant and also against respondent Nos. 2 and 3 seeking decree of ejectment on the grounds that they were his tenants and not paid rent since October, 1994 and, therefore, they were in arrears of rent since Octo