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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Chandra Prakash Agrawal – Appellant
Versus
Dev Ram Janki Mandir Badiawala – Respondent
| Table of Content |
|---|
| 1. summary of procedural history and appeal basis. (Para 1 , 2 , 3) |
| 2. grounds of appeal concerning trustee and competency. (Para 4 , 5 , 6 , 7) |
| 3. court's reasoning on tenancy and waiver. (Para 8 , 9 , 10 , 11) |
| 4. final determination of appeal dismissal. (Para 12) |
ORDER :
Sanjay Dwivedi, J.
Record of the Courts below has been received.
2. Counsel for the appellant is heard on the question of admission.
3. This appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant/defendant against the judgment and decree dated 03.08.2024 passed by the Second District Judge, Pipariya, District Narmadapuram in RCA No.09/2022 whereby affirming the judgment and decree dated 29.06.2022 passed in favour of respondent/plaintiff by the Second Civil Judge, Senior Division, Pipariya, District Narmadapuram, the appeal preferred by the appellant has been dismissed.
4. Shri Gulatee, learned senior counsel appearing for the appellant has submitted that the appellant/defendant has disputed the ownership/landlord-ship of the respondent/plaintiff saying that the suit was filed by the plaintiff without any competence as he was not validly appointed trustee and his appo
The court affirmed the authority of lower courts' findings on landlord-tenant relationships and competency of trusteeship, ruling that mere acceptance of rent does not waive a notice of eviction.
The main legal point established in the judgment is that the suit was maintainable under the Indian Trusts Act, as the defendant failed to prove the absence of a jural relationship between the partie....
The court established that a party must specifically plead challenges to the appointment of a Mutawalli in a waqf case, and that amendments to the Waqf Act do not retroactively affect cases already a....
The court upheld the authority of an appointed Mutawalli to file suit on behalf of a waqf, affirming that absence of objection from rightful successors negates claims of illegitimacy in appointment.
An application under Order XIV Rule 5 CPC, could not be treated as res judicata as same are applicable only to findings which are given after a full-fledged trial.
The judgment emphasizes the importance of proving the existence of a registered trust and the authority to file a suit on its behalf, the timely exercise of lease renewal options, and the jurisdictio....
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