Ram Kishan Sharma (Dead) vs Pankaj Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 381

SUNITA YADAV
Ram Kishan Sharma (Dead) – Appellant
Versus
Pankaj Kumar – Respondent

Advocates:
Santosh Agrawal for LRs of appellant;
Anand Vinod Bhardwaj for respondent No. 1.

JUDGMENT

1. This Second appeal under section 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellant/plaintiff against the impugned judgment and decree dated 14.10.2016 passed by Court of Tenth Additional District Judge, Gwalior in Civil Appeal No. 13/2015, by which, the Judgment and decree dated 5.11.2015 passed by 3rd Civil Judge, Class – 1, District Gwalior in Civil Suit No. 36-A/2014 has been set aside.

2. The necessary facts for disposal of the present appeal, in short, are that the original plaintiff Ramkishan Sharma (since dead) filed a civil suit seeking eviction against the defendants/respondents on the ground of sections 12(1)(a), (b), (f), (h) of M.P. Accommodation Control Act 1961 in respect to the shop shown as red oblique lines in plaint map situated in the building bearing municipal number 39/593 New number 57/593 surrounded by in the East: Joint House, West: Road Madhavganj, North: House Panchayati (Oswal), South: Shop of Deeptilal.

3. It was the case of plaintiff that father of defendant i.e. Vishandas S/o Khaturam was the tenant in the disputed shop @ Rs. 865/- per month. It is also pleaded that vide rent note dated 15.4.1979 father of plain