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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
JAI KUMAR PILLAI
Moolchandra – Appellant
Versus
Kamlabai Thru.Lrs.Manoj – Respondent
JUDGMENT :
Jai Kumar Pillai, J.
This second appeal under Section 100 of Code of Civil Procedure has been filed by the appellant/defendant/tenant being aggrieved by the judgment and decree dated 22/07/2011 passed by Additional District Judge, Shajapur, District-Shajapur in Civil Appeal No.2- A/2010 filed by legal representatives No.1 and 2 of sole respondent/plaintiff/landlord whereby the judgment and decree dated 24/12/2009 passed by Civil Judge, Class-I, Shajapur, District-Shajapur in Civil Suit No.89-A/2009 was set-aside.
Factual Matrix of the Case :-
2. Before adverting into the merits of the case, it would be apposite to state here first that earlier on 08/10/2012 this Court admitted the appeal for final hearing on the following substantial question of law :-
“Whether the lower appellate Court was justified in passing a decree for eviction under Section 12 (1) (d) of the M.P. Accommodation Control Act, 1961 in the facts and circumstances of the case ?”
3. Thereafter, application under Order 41 Rule 27 of CPC for taking the additional documents on record was filed by the appellant/defendant and on 14/02/2019 parties appeared and argued the matter finally before this Court and vide jud
Landlords must demonstrate bona fide requirements for eviction under the M.P. Accommodation Control Act; non-use of premises for six months provides grounds for eviction.
The main legal point established in the judgment is that the findings of fact based on the appreciation of evidence are within the province of the trial court and first appellate court, and re-apprec....
The burden of proof to establish subtenancy is on the landlord, and the court may affirm an eviction decree if the landlord successfully demonstrates the creation of subtenancy.
Concurrent findings of fact regarding landlord-tenant relationship upheld; second appeal dismissed due to lack of substantial question of law.
Point of law: “Any aggrieved party” the expression employed in Section 20(1), means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proce....
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